Sunday, December 11, 2011

Charity Commission can not prescribe public benefits, including scholarships for the poor in independent schools, Court Rules

private schools in England and Wales have won a legal battle which means you will no longer be obliged to give more scholarships to students from poor families to claim millions of pounds in tax.

The high court ruled Friday that the regulator for charities - Charity Charity Commission -. He had been too prescriptive in the way it assessed fees if the payment of schools met their duty to "public good"

Since the 2006 law on charity, when he presented the Labour MPs were calling for stricter regulation of charities, private schools have had to prove that much to society in general not only the rights of payment.

The Independent Schools Council (ISC), which represents more than 1,200 schools, with half a million students, as opposed to in the commission of the public interest test and was granted a Court review last year.

The ISC said the Commission placed too much emphasis on scholarships for poor and abandoned school aid to the company by other means, including the division of land games, equipment and complete with local resources.

argue that private schools spend at least £ 260 million in grants -. More than twice what they receive in taxes

The court ruled that private schools should be more a benefit "symbolic" to remain as public charities, but it must be for each school administrators to decide what to give, not by the Charity Commission to prescribe.

the sentence, "even if it is necessary to have more than one

minimis benefit

"There is a reduced appetite for cooperation between private and public schools," he said. "In fact, we think it more likely that the cooperation will take place when private schools can decide for themselves what form it should take instead of being told by a broader public."

Matthew Burgess, General Counsel of the ICC, said the Commission had reduced the public benefit of independent schools "a crude calculation of fees and scholarships."

"The court recognized the independence essential to school to pursue a range of strategies for the public good, without the fear of not being in an artificial reference point arithmetic," he said. "We never sought to challenge the importance of scholarship, on the contrary .. We are proud of the significant financial contribution independent schools make to increase access and participation through scholarships "



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