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Six months after the Upper Tribunal ruling that the Charity Commission’s guidance on the public benefit of private schools was flawed, the Commission has begun a consultation on its new draft guidance.
Originally the Independent Schools Council (“ISC”) argued that the Charity Commission’s original guidance focused too heavily on the benefit of financial scholarships for poorer students and devalued the sharing of facilities, loaning of staff and exchange of students with state schools. In return the Commission argued that “minimal and tokenistic” activities would not be sufficient to pass the public benefit test and that charities which failed the test risked losing their charitable tax benefits.
The revised guidance acknowledges both arguments and provides examples of acceptable activities which include providing bursaries and the sharing of facilities.
The consultation on the draft guidance runs until the end of September and will no doubt be scrutinised by the ISC and its members during that time and afterwards.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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