Public Benefit Update

The issue of public benefit has been a contentious one within in the sector since the public benefit presumption for education, religious and poverty-relief charities was removed by the Charities Act 2006. The Act also required that the Commission provide guidance as to the operation of the public benefit requirement and, in turn, that charity trustees must have regard to that guidance when exercising relevant powers.

The Charity Commission's publication of specific guidance on public benefit and fee-charging caused much disquiet particularly in relation to fee-charging independent schools and hospitals.

This week, the Attorney General, Dominic Grieve, has referred to the Charity Tribunal a series of questions that relate to the Charity Commission's analysis and interpretation of charity law in its public benefit guidance.