logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Private schools told shared facilities are enough for tax breaks after all

5 July 2012

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guidance on the public benefit of private schools was flawed, the Commission has begun a consultation on its new draft guidance.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The consultation on the draft guidance runs until the end of September and will no doubt be scrutinised by the ISC and its members during that time and afterwards.

Related opinions

Head of Education, Mark Blois celebrates 25 years of being an education lawyer

Mark Blois, Browne Jacobson’s national Head of Education, is marking a notable anniversary, an incredible 25 years as an education lawyer.

View blog

Be wary of events post-dating the presentation of an Employment Tribunal claim

In Sakyi-Opare v Albert Kennedy Trust, the EAT held that an Employment Tribunal erred in deciding a claim was out of time because it did not first consider the claimant’s application to amend her claim, which included events that post-dated her claim.

View blog

A level results: what this means for schools and higher education?

This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.

View blog

Does the move into Step 4 mean the ending of Covid-19 restrictions within schools?

With the Prime Ministers announcement that he intends for Step 4 to begin on 19 July, this will also bring an end to the restrictions currently in place on education settings.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up