Case study

Handing control back to charities and schools

Posted by : Sam Macdonald

Farrers and ISC have a long working relationship, which I have found immensely helpful and supportive since joining ISC in 2008. When it came to selecting a legal team Farrers, combining pre-eminent practices for charities and schools, was the natural choice. Sam Macdonald in particular has a deep and almost intuitive understanding of our sector.

Matthew Burgess

Independent Schools Council wins judicial review.

In October, the Independent Schools Council (ISC) was granted its application for judicial review of the Charity Commission’s public benefit guidance on fee-charging in the context of educational charities. We acted for the ISC throughout this influential case.

On 14 October 2011, the Upper Tribunal ruled that the guidance was wrong in a number of key respects, and confirmed that it was the trustees of charities – and not the Charity Commission or any other authority – who should decide how their charity should best be run. Our experience in acting for many hundreds of charities and not-for-profit organisations, as well as our leading role as advisers to educational institutions, meant that we were ideally placed to advise on this far-reaching decision, which will have implications across the charity sector.