UK Charities Case Updates

Shirland v Charity Commission - consent under section 198 of the Charites Act 2011

In March, a decision was handed down by the First-tier Tribunal (Charity) in the case of Shirland v Charity Commission for England and Wales. This case concerned an appeal by Andrea Shirland against a Charity Commission decision to allow Whitely Homes Trust ('WHT') to amend the objects clause in their Articles of Association pursuant to s198 of the Charities Act 2011. The change amounted to a regulated alteration which requires the prior consent of the Charity Commission.

The change in question was to replace the wording "homes appropriate to their needs" with the wording "Charitable social housing including but not limited to Alms-house Accommodation. This case is of interest because it is the first time that the Tribunal had considered an appeal against the Commission use of its s198 powers.