The Trustees of Mountain of Fire and Miracles Ministries International v The Charity Commissioner for England and Wales
[2023] UKFTT 308 (GRC)
In the matter of Dudley Mosque
20 September 2024
[2024] UKFTT 910 (GRC)
First-tier Tribunal
A mosque had big problems: unclear rules, missing paperwork, and fights between leaders. The Charity Commission stepped in to help by appointing a manager to sort things out. The mosque appealed, but the court agreed with the Commission, saying the problems were serious enough to need the manager's help.
Key Facts
- •Appeal against Charity Commission's decision to appoint an interim manager for Dudley Central Mosque.
- •Ongoing dispute between the Trustee Group and Executive Committee of the Mosque.
- •Defective and poorly drafted Mosque Constitution with ambiguous governance structure.
- •Failure to file annual returns, reports, and accounts for several years.
- •Defective trustee elections due to non-compliance with residency requirements.
- •Concerns about the management and control of the Mosque's bank accounts.
Legal Principles
Power to appoint an interim manager under section 76(3)(g) of the Charities Act 2011.
Charities Act 2011, sections 76 and 78
Definition of "misconduct" and "mismanagement" in the context of charity administration.
Charity Commission guidance and ordinary meaning
Statutory objectives of the Charity Commission under section 14 of the Charities Act 2011.
Charities Act 2011, section 14
Tribunal's role in appeals against the Commission's orders – considering the decision afresh and considering new evidence.
Charities Act 2011, section 319(4)
Outcomes
Appeal dismissed.
The Tribunal found that there was misconduct and mismanagement justifying the interim manager's appointment. The failures to file accounts, the defective elections, and the lack of control over the bank accounts were significant.
Similar Cases
Kristine Lovelady v Charity Commission for England and Wales
[2024] UKFTT 282 (GRC)
Darren Anthony Wilson v Charity Commission for England and Wales
[2023] UKFTT 562 (GRC)
Mohammad Bhaiyat, as a trustee on behalf of Olive Grove Foundation v The Charity Commission for England and Wales
[2023] UKFTT 307 (GRC)
Vladimir Ioannou v The Charity Commission for England and Wales
[2023] UKFTT 306 (GRC)