Charity Commission staff can’t make decisions acting alone: Court of Appeal

Senior judges backed a finding that legislation means the Charity Commission can only reach determinations when it meets as a complete body.

Their verdict means the lawfulness of up to 170 orders made in its name could could now be open to challenge, it was claimed.

The commission mounted an appeal after the High Court determined last year that it cannot delegate functions to employees acting alone.

Proceedings centred on a series of cases featuring similar legal points under the Charity Act (Northern Ireland) 2008.

One decision involved the removal of Robert Crawford as a trustee of the Disabled Police Officers Association of Northern Ireland in 2015.

Another case focused on alterations to the constitution of Lough Neagh Rescue Limited.

A third decision related to the appointment of an interim manager at Newry and Mourne Carers.

Counsel for the commission argued that earlier interpretative legislation enabled it to delegate decision-making functions to staff.

However, Attorney General John Larkin QC intervened to dispute that interpretation.

He contended that a power of delegation should not be implied, and that discharge of functions by employees is not inherently lawful.

Ruling on the commission’s challenge yesterday, Lord Justice McCloskey upheld a finding that the act does not empower any members of staff to carry out its statutory powers.

He went on: “The role of the commission is to make all of the decisions required in the exercise and discharge of its statutory powers, duties and functions, while that of its staff is one of research, information gathering, briefing, advice and recommendation.”

As he dismissed the appeal, the judge added: “The business of administering and overseeing charities in Northern Ireland is a matter of significant public importance, engaging a public interest of some potency.”

Outside court, Mr Crawford, along with Trevor McKee and Joseph Hughes from Lough Neagh Rescue, and Sean Caughey of Newry and Mourne Carers, claimed the judgment confirmed a failure of governance and accountability in the exercise of decision-making powers.

In a statement they said: “Because of this ruling a lot of other decisions taken by the commission from 2011 to May 2019 may now be deemed unlawful.”

According to their assessment up to 170 orders were made in its name prior to last year’s High Court ruling.

The statement added: “We would ask the new Minister for Communities (Deirdre Hargey), who has inherited the case, to ensure that those who have been affected by unlawful decisions are contacted, and that she take what action may be necessary to provide redress.”