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Author: Great Britain: National Audit Office Publisher: The Stationery Office ISBN: 9780102987164 Category : Social Science Languages : en Pages : 52
Book Description
The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.
Author: Great Britain: National Audit Office Publisher: The Stationery Office ISBN: 9780102987164 Category : Social Science Languages : en Pages : 52
Book Description
The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.
Author: Great Britain. Parliament. House of Commons. Public Administration Select Committee Publisher: The Stationery Office ISBN: 9780215058782 Category : Languages : en Pages : 238
Book Description
This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.
Author: Great Britain: Parliament: House of Commons: Public Administration Select Committee Publisher: The Stationery Office ISBN: 9780215049490 Category : Political Science Languages : en Pages : 36
Author: Great Britain: National Audit Office Publisher: The Stationery Office ISBN: 9780102987171 Category : Social Science Languages : en Pages : 32
Book Description
The Charity Commission did not properly consider whether The Cup Trust met the key legal requirement of being within the jurisdiction of the High Court of England and Wales before registering it as a charity in 2009, and was slow in handling the case. Earlier this year, the Public Accounts Committee concluded that The Cup Trust had been set up as a tax avoidance scheme. The Cup Trust submitted claims for £46 million Gift Aid on £176 million of payments from participants to the scheme, but gave just £152,292 to charitable causes between April 2009 and March 2013. The Gift Aid claims have not been paid. The Charity Commission did not give sufficient consideration to issues which might have enabled it to open a statutory inquiry into the Cup Trust in March 2011, and that it was slow to appreciate the potential impact of the case on public confidence in charities, which it has a statutory duty to increase. The Charity Commission did not take sufficient account of the scale and nature of the tax avoidance scheme in its case strategy, was narrowly focused on the legal position and paid insufficient attention to the wider issues of public detriment, which it would have been appropriate to pursue further.
Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts Publisher: Stationery Office ISBN: 9780215058690 Category : Social Science Languages : en Pages : 48
Book Description
This report examines the Cup Trust and the Charity Commission's procedures for regulating charities. The Charity Commission (the Commission) registered the Cup Trust (the Trust) as a charity in April 2009, with a company called Mountstar - based in the British Virgin Islands - as its only trustee. Although the Trust generated ’income' of £176 million, only £55,000 has been given to charitable causes, and the Cup Trust claimed Gift Aid of £46 million. Despite its declared charitable aims, it is clear that the Trust was set up as a tax avoidance scheme by people known to be in the business of tax avoidance. The Trust does not meet the public expectations of a charity and it is unacceptable that the Commission has not been able to put a stop to this abuse of charitable status. The Commission began to investigate the Trust in March 2010 following concerns raised about its governance and fundraising. This investigation closed in March 2012. The Commission eventually concluded that it could not de-register the Trust as it was "legally structured as a charity", despite not being for exclusively charitable purposes. The Commission has not yet brought forward proposals to change the law to exclude organisations like the Cup Trust from the register. In the last 25 years, the Committee and the NAO have repeatedly found severe shortcomings in the Commission's performance, particularly in relation to investigation and enforcement. The Commission hardly makes use of its statutory powers, nor is it targeting its available resources to best effect.
Author: Myles McGregor-Lowndes Publisher: Edward Elgar Publishing ISBN: 1849807973 Category : Law Languages : en Pages : 297
Book Description
In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
Author: Myles McGregor-Lowndes Publisher: Routledge ISBN: 1317190580 Category : Business & Economics Languages : en Pages : 245
Book Description
In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
Author: Jonathan Garton Publisher: Bloomsbury Publishing ISBN: 1847315143 Category : Law Languages : en Pages : 288
Book Description
Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished. Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society.
Author: Samantha May Publisher: Bloomsbury Publishing ISBN: 1786999439 Category : Religion Languages : en Pages : 208
Book Description
Since 9/11 and the global War on Terror, practitioners of Islam in Europe and beyond have been scrutinised and surveyed under suspicion of disloyalty and as potential disrupters of national social cohesion. Seemingly benign, altruistic practices, such as charity, are viewed as potential threats to national security and have increasingly become subject to counter-terrorism policies. This work seeks to critically assess the assumptions behind the lesser-known financial War on Terror, through exploration of the effects of current policies on Muslim charitable practices in the UK. The consequences of current policies are multi-faceted – from the stigmatization and suspicion of Muslim charities and communities, individual loss of status and financial standing, to a decrease of living standards and/or loss of lives. Engaging with the everyday socio-political activities of Muslim individuals, this book gives voice to the motivations, apprehensions and challenges faced by Muslim charitable practitioners. A must read for anyone wanting to challenge policy assumptions behind increased surveillance of charities and individual donors, whilst outlining the repercussions of current policies on Muslim individuals and charities.
Author: Great Britain: National Audit Office
Author: Great Britain: National Audit Office
Author: Great Britain. Parliament. House of Commons. Public Administration Select Committee
Author: Great Britain: Parliament: House of Commons: Public Administration Select Committee
Author: Great Britain: National Audit Office
Author: Richard Edmund Mitcheson
Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts
Author: Myles McGregor-Lowndes
Author: Myles McGregor-Lowndes
Author: Jonathan Garton
Author: Samantha May