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Charity Commission, Independent Schools Council and the Education Review Group (ERG) – judgment published

David Lawson appeared for the ERG in the long running challenge to the guidance from the Charity Commission on private schools.  In a landmark decision the Tribunal found that the provision of education for a high fee is not charitable – schools must take steps to ensure access and must reach out to their community.  The Tribunal concluded that ultimately the decisions are for trustees to take but expressed concern that some of the provision being made as charitable was ‘astonishing’.

The decision is here:

http://www.tribunals.gov.uk/financeandtax/Documents/decisions/1_TheISC_v_TheCharityCommission_forEnglandWales.pdf

The ERG explains here that “most private schools are not run as charities” here:

http://www.bindmans.com/index.php?id=1077

David Lawson was instructed by Paul Ridge at Bindmans.