Public benefit
There has been much recent press comment on the future of
independent schools following the publication of guidance
on the Charities Act. Much, indeed most, of this comment
has been ill-informed, misguided, or just plain wrong. At
a symposium on public benefit which I attended at the end
of last term, the Charity Commission made it clear that it
does not envisage any major impact on the vast majority of
charities. The facts are these:
•
Schools exist to advance education. The Charities Act 2006
affirms that the advancement of education is a charitable
purpose.
•
All charities have always needed to be for the public benefit.
The Charities Act does not alter the definition of public
benefit: it confirms that case law, with its long history
of judicial precedent, continues to apply.
•
Trustees of all charities - schools and others - should look
at the charitable objects of their charities and decide how
to fulfil them. Trustees approaching this task in an open
and transparent manner have little to fear.
•
There is no “one size fits all” test: some charities
are well-funded and can do much; others have little or nothing
in the way of spare funds. The Commission will take a proportionate
approach.
•
The first review of the public benefit of individual charities
will not begin until 2009. Even if a charity is deemed not
to be sufficiently for the public benefit, the approach will
be to advise and encourage, and to give time for adjustment.
Reigate Grammar School has made clear its commitment to
open access by making available substantial means-tested
fee remission
for many pupils, which can now be up to 100% of fees. In
addition, we make a major contribution to education in
many areas, including offering subjects which are in decline
in
the maintained sector (e.g. sciences, classics, and modern
languages), supporting an extensive sports programme, ambitious
musical and dramatic performances (many of which are open
to the wider community), letting our facilities for community
use (often at low or no cost), and raising substantial
sums for local charities.
I am therefore confident that we shall
have no problem in meeting the threshold for public benefit
that the
Charity
Commission is likely to set. We shall continue to look
for new ways to extend our public benefit even further,
but parents
can rest assured that the status and ethos of the school
will not change, and that the education of our own pupils
will remain our top priority.
Please feel free to contact me should you
wish to discuss this further.
DST
April 2008
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