R (Independent Schools Council) v Charity Commission
[2011] UKUT 421 (TCC)
Ratio Decidendi
A fee-charging school can be charitable provided it does not exclude the poor from benefit. Trustees must consider what they can do to provide opportunities for those who cannot afford the fees, but there is no fixed formula and the decision depends on the individual circumstances of each charity.
Ffeithiau
Independent schools challenged Charity Commission guidance on public benefit, which suggested that fee-charging schools could not be charitable unless they made specific provision to enable the poor to benefit. The schools argued this imposed an unjustified additional requirement.
Crynodeb o'r dyfarniad
The Upper Tribunal held that fee-charging charities can satisfy the public benefit requirement, but must not exclude the poor. Trustees have a duty to consider how to provide opportunities for those who cannot pay, but the form of provision is flexible and there is no minimum level of bursaries or scholarships.
Dyfyniadau allweddol
"The overriding requirement is that the poor must not be excluded from benefit. How the trustees achieve this is a matter for them, having regard to the particular circumstances of the charity."
— Warren J
Triniaeth ddilynol
Provides the framework for assessing public benefit in fee-charging charities.