Re Shaw (1957)

The test on whether a trust is beneficial to the community is calculated on a balance. On one hand you have working mothers discriminated in the workforce. On the other hand, you have people who will be of the opinion that mothers should remain at home and not attempt to seek further gratification in their career.

According to s 43 of the Sex Discrimination Act 1975, there is nothing unlawful in a single sex charity. Therefore this would not be an issue with your application.

With regard to your publications and advertisements, I can see no difficulty in these, however, the s 5 of the Charities Act 1993 states that ‘’all notices, advertisements and other documents issued by or on behalf of the charity and soliciting money or other property for the benefit of the charity’’ must state in legible English that it is a registered charity.

In order to be registered with the charity commission, you must make a formal application. A registration application pack can be obtained from the commission on the following number: 0870 333 0123, or from The Registration Team, Charity Commission, Woodfield House, Tangier, Taunton, Somerset TA1 4BL.

“The charity commission is the government department whose aim is to give the public confidence in the integrity of charity. It is accountable for its decisions to the courts and for its efficiency to the Home Secretary. It carries out a wide range of functions, including the registration, monitoring and support of charities and investigations of alleged wrong doing.”

When you apply for registration the commission will look at what your organisation is set up to do, and how it is going to achieve its objectives. They will only register an organisation as a charity when they are satisfied that the objects of the organisation are charitable.

The commission has produced a number of leaflets and publications in order to help charities with their application. These can be found either on their web-site: www.charity-commission.gov.uk, or can be requested at the telephone number above.

Once a charity has been registered with the commission it will be inputted onto the central register of charities, this is accessible to the public.

The commission was set up not only to protect the public against fraudulent organisations claiming to be charities, but also to help organisations to offer the best, most efficient and essentially lawful service.

Once an organisation has been refused registration, they may not change their terms. It is therefore imperative that these are correct on first submission.

Finally, I must advise you that the commissioners may give a direction requesting that the name of your charity be changed if they conider it to be misleading, or if it is already in use.

I hope that this has been of assistance. Please do not hesitate to contact me, should you have further queries or concerns.

Yours faithfully

Elellbie Solicitors

3rd September 2001

The Trustees

Liberation

Dear Sirs,

RE:        Your Application for Charitable Status

Further to your recent telephone call requesting advice in relation to whether your organisation might be eligible for charitable status. We now provide written confirmation of the advice given at the telephone.

In 1891 Lord Macnaughten classified the four main categories of charities in the following statement:

“Charity in its legal sense comprises four principle divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community"

In order to be granted charitable status (and all the benefits that flow therefrom) the charities main objective must fall within one of these categories.

Having considered the position carefully I write to inform you that your organisation does not fall within any of the above categories. Although you may consider yourselves to have a purpose beneficial to the community there are a number of cases which confirm that the Courts view may be that your main objective is political and not charitable.

You stated at the telephone that you intend at some point to make representations with regard to a change in legislation. I therefore refer you to the case of Jenkins’ Will Trust, Re, Public Trustee -v- British Union for the Abolition of Vivisection (1966). This case involves a gift made to the British Union for the Abolition of Vivisection. The issue raised was whether this was a charitable gift, as the purpose of the charity was ultimately to change the law in relation to scientific experimentation on animals. The gift to the union on trust failed because the promotion of an act prohibiting vivisection was not charitable as it was a political object and because the object to be achieved was not charitable.

Whilst I understand that your principle aim is to prevent suffering among animals used for experimental purposes, and to encourage the education of other scientists in the area of non-animal based research, it was held in the case of National Anti Vivisection Society –v- Inland Revenue Commissioners (1948) that “the society was not charitable because (a) any assumed public benefit in the advancement of morals would be far outweighed by the detriment to medical science and research and consequently to public health; and (b) the main object of the society was political in the promotion of legislation.” Even if your aim was purely to educate, and not to ultimately effect or change the law, you cause may still be considered to be a detriment to medical science and research.

If you are determined to achieve charitable status you should reconsider your purpose. Perhaps you should focus more generally on cruelty to animals, rather than vivisection particularly. In general, charities for the protection of animals are successful in their applications for charitable status. They are seen as being ‘enhancing of humane behaviour.’ As can be seen in Re Wedgwood, Allen –v- Wedgwood where a sum of money was left in a secret trust for the protection and benefit of animals.

The guidelines in the case of McGovern & Others -v- Attorney General & Another (1982) clarify the position on political trusts: ‘’trusts with the principle purpose of… procuring changes in the law of this country…could never be regarded as being for the public benefit for the purposes of a declaration that the trust is charitable.

‘The charity commissioners have offered some revised guidelines to (existing) charity trustees, including the following points:

1. Any political activity must be in furtherance of and ancillary to the charity’s stated objects and within it’s powers. To be ancillary, the activity must serve and be subordinate to the charity’s purpose.
2. Where these requirements are met, the trustees may enter into a dialogue with the government on matters relating to their purposes, and may respond to Green and white papers.
3. The trustees may inform and educate the public on issues relevant to the charity and on solutions to its needs…
4. The trustees may indulge in campaigning, by reasonable argument and not on the basis of material which is merely emotive…They may advocate a change in the law or policy which they reasonable believe would help to achieve the charity’s purpose…’

It goes on to explain that there must be no participation or connection with any political party of any sort.

With these guidelines in mind, it may be more beneficial to your organisation to register as a trust against cruelty to animals in general and develop from there once registration has been authorised.

As discussed, in order to be registered as a charity, you must apply to the charity commissioner. It would be prudent to note at this point that according to the 1993 Charities Act, it is not necessary to be registered as a charity if the charity has neither: any permanent endowment, nor the use or occupation of any land, and who’s income from all sources does not in aggregate amount to more than £1,000 a year.

It is possible to seek the advice of the Charity Commissioners when making your application. It would be sensible to seek and use this advice, as they would be best people to advise you as to your application to them. If your application is rejected, it will be sent back to you with an indication of changes, which should be made. Please note, however, that changes in the terms of the established trust will not be accepted.

I hope that this has been of assistance. Please do not hesitate to contact me, should you have further queries or concerns.

Yours faithfully

Elellbie Solicitors

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