Charity lawyer explores long-term effect of Tribunal judgment

Governance | Tania Mason | 24 Oct 2011

The long-term effect of the Upper Tribunal’s judgment on public benefit and independent schools will be a “shrunken and cautious Charity Commission”, according to charity lawyer Stephen Lloyd.

In an opinion article written for civilsociety.co.uk, Lloyd predicts that the combined impact of the judgment and the Commission’s budget cuts will be a regulator that operates “with its hands tied behind its back”, unable or unwilling to really investigate any schools that it suspects are not providing sufficient public benefit.

Ultimately, he says, lawyers’ interpretation of the law will now replace Charity Commission guidance on public benefit. “The cynic might say that the Tribunal decision was written by lawyers for the benefit of lawyers,” he writes. “In light of the ISC judgment, trustees will have to look at the range of benefits they provide. And again they will no doubt be consulting their lawyers for solace.”

In the article, Lloyd briefly reprises the background to the case and explores how the judgment might play out in practice. Read the full article here.

Directory: Bates Wells & Braithwaite
Who's Who: Stephen Lloyd

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