Key Facts
- •Appeal against the Charity Commission's decision to open a Statutory Inquiry into Asia Pacific Children's Fund.
- •Appellant, a trustee, didn't appear at the hearing; his representative lacked understanding of proceedings.
- •Five regulatory concerns: breaches of governing document, late filings, inaccurate returns, connected party transactions, and financial discrepancies.
- •Statutory Inquiry is ongoing; no finding of wrongdoing yet.
- •Appellant failed to provide written or oral submissions.
- •Connected party transactions lacked transparency and proper documentation.
- •Overseas expenditure lacked justification and value-for-money assessment.
- •Serious breaches of the Charity's Governing Document, including failure to keep minutes.
- •Late filing of statutory returns and discrepancies in reported financial information.
- •Appellant failed to discharge the burden of proof.
Legal Principles
The Tribunal's role is to determine whether the decision to open a Statutory Inquiry was one that no reasonable decision-maker could have made.
Regentford Limited v. The Charity Commission for England and Wales and Her Majesty’s Attorney General [2014] UKUT 0364 (TCC)
The appeal is not a rehearing; the Tribunal doesn't consider information not before the Respondent when the decision was made.
Sections 321; 322 and Schedule 6 to the Act
The burden of proof lies on the Appellant to show the Statutory Inquiry should not have been opened.
Sections 321; 322 and Schedule 6 to the Act
Opening a Statutory Inquiry is not a finding of wrongdoing.
Sections 321; 322 and Schedule 6 to the Act
Outcomes
Appeal dismissed.
Sufficient grounds of regulatory concern existed to justify the opening of a Statutory Inquiry, based on the Regentford precedent.