Independent Schools Council v Charity Commission
[2011] UKUT 421 (TCC)
Ratio Decidendi
For a trust to be charitable, it must be for the public benefit. Fee-charging charities (such as independent schools) must provide more than minimal or token benefit to those who cannot afford the fees, though the extent of the benefit is a matter for the trustees' judgment.
Facts
The Independent Schools Council challenged Charity Commission guidance on the public benefit requirement for fee-charging charities following the Charities Act 2006.
Judgment Summary
The Upper Tribunal held that fee-charging charities must provide opportunities for those who cannot afford the fees to benefit, but the guidance was too prescriptive. Trustees have discretion in how to fulfil the public benefit requirement.
Key Quotes
"The trustees must give due consideration to the public benefit requirement but have a margin of appreciation in deciding how to fulfil it."
— The Tribunal
Subsequent Treatment
The leading authority on the public benefit requirement for fee-charging charities.