Abstract
Charities have always had to show that they provide a ‘public benefit’, the meaning of which has been developed by case law. The Charity Commission, a body created by the last government, has provided guidance on the meaning of ‘public benefit’ which is at odds with the meaning developed in case law – and therefore in conflict with the statute under which the guidance was ostensibly provided. The Charity Commission has also allowed charities to engage in political campaigning, an activity which the House of Lords has held no charity can lawfully pursue without losing its charitable status. The Charity Commission and its guidance should be scrapped. Professionally qualified and independent Charity Commissioners should be appointed.
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