Imran Haidar v Charity Commission for England & Wales
[2024] UKFTT 530 (GRC)
Mohammad Bhaiyat, as a trustee on behalf of Olive Grove Foundation v The Charity Commission for England and Wales
14 February 2023
[2023] UKFTT 307 (GRC)
First-tier Tribunal
A charity was investigated because of concerns about how it handled money. A court ruled the investigation was justified, even though some of the concerns weren't completely proven, because there were still enough problems to warrant it.
Key Facts
- •The Olive Grove Foundation (a charity) was subject to a Statutory Inquiry and a Section 76 Order by the Charity Commission for England and Wales.
- •The Inquiry was opened on July 6, 2021, due to concerns about financial management, due diligence, conflict of interest, and general governance.
- •The Section 76 Order restricted the charity's transactions without prior Commission approval.
- •The Applicant (a trustee) challenged both the Inquiry and the Order.
- •The Applicant's representative was a McKenzie friend.
- •Several witness statements and documentary evidence were deemed inadmissible due to irrelevance or procedural issues.
- •The Applicant alleged bias and improper motives against Muslim charities.
- •The Tribunal considered the case based on judicial review principles and fresh evidence.
Legal Principles
Institution of an Inquiry is governed by sections 46 and 322 of the Charities Act 2011.
Charities Act 2011
Review of Inquiry institution is based on whether no reasonable decision-maker could have made the decision at the date of institution.
Judicial Review Principles
Making of a Section 76 Order, following a lawfully opened Inquiry, is governed by sections 319(2) and 76(3)(f) of the Charities Act 2011.
Charities Act 2011
Appeal against a Section 76 Order allows the Tribunal to consider the matter afresh and new evidence.
The Tribunal's role is confined to determining whether the decision to open the inquiry was one that no reasonable decision-maker could have made, and whether the Section 76 Order was appropriate.
Outcomes
The Applicant's application for review of the decision to open the Statutory Inquiry is dismissed.
The Tribunal found that the Charity Commission's decision to open the Inquiry was one a reasonable decision-maker could have made, given concerns about financial mismanagement and governance.
The Applicant's appeal against the Section 76 Order is dismissed.
The Tribunal found that the making of the Order was necessary to protect the Charity's funds, even though some of the concerns were not fully supported by evidence.
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