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.