8 - Grounds for appeal

Summary

Introduction

It is one of the basic propositions of this book that there is a need for charities removed from the register to have access to justice. It will be shown in this chapter that charities do not have effective access to justice because the appeal process is unsatisfactory. When it comes to an appeal, the Commission is in a position of strength.

The chapter looks at appeals against removal from the register under section 3(4) Charities Act 1993, which are referred to as direct removal, and appeals against orders made under sections 18 and 19 Charities Act 1993 (which can indirectly lead to removal under section 3(4) Charities Act), which are referred to as indirect removal.

Appeals are especially important in the context of direct and indirect removal because the Commission does not always allow charities to make more than limited representations as to why they should not be removed, or why orders under sections 18 and 19 Charities Act 1993 should not be made. In the case of direct removal, the Commission does not generally contemplate any correspondence other than establishing whether charities qualify for removal and notifying trustees (where they can be traced) that their charity is being removed. In the case of indirect removal, the Commission contemplates inviting trustees to make representations prior to making its orders under sections 18 and 19 Charities Act 1993, but it states that in some serious cases it may be necessary to take action before raising concerns with the trustees.