Closed - Consultations on draft supplementary guidance on public benefit

 All charities must have charitable purposes or ‘aims’ that are for the public benefit.  This is known as ‘the public benefit requirement’.  Although all charities already have to meet this requirement, the Charities Act 2006 highlights it by explicitly including public benefit in the definition of a charitable purpose.  All organisations wishing to be recognised as charities in England and Wales must now demonstrate, clearly, that their aims are for the public benefit.  Previously the law presumed this to be the case for charities that advance education or religion or relieve poverty.

Recently, the Charity Commission published Charities and Public Benefit, its general guidance for all charities on public benefit.  That guidance explains what public benefit means and what charity trustees should consider in order to show that their charity’s aims are for the public benefit.

That guidance applies to all charities including those that are concerned with the advancement of education or religion or the relief of poverty.  However, because for those charities the law has changed the Commission had prepared draft supplementary guidance to help charities for the advancement of edcuation or religion or the relief of poverty better understand how the principles of public benefit set out in Charities and Public Benefit apply specifically to them.

There are four versions of the draft supplementary guidance which explain how the principles of public benefit set out in Charities and Public Benefit apply specifically to charities for the Advancement of Education or Religion, the prevention or relief of poverty and which charge fees.

The Commission is inviting comments on the draft supplementary guidance, copies of which are available below, along with the closing date of the relevent consultation period.

Any trustees who wish to make comments on the supplementary guidance through CTN should email their comments to claire.f@trusteenet.org.uk by Friday 13th June.

It is important to note that this is draft supplementary guidance.  The Commission recognise that it requires further development and refinement.  They wish to use this consultation as an opportunity to elicit more examples to illustrate points that are made in it, to explore different views and approaches where questions are raised, and to consider where there might be gaps or omissions where further guidance would be helpful.  This draft supplementary guidance may raise questions as well as provide answers, but they hope that the consultation process will ultimately result in more meaningful and helpful supplementary guidance.