High Court rejects attempt to limit scope of Charity Commission inquiry by Judicial Review

The High Court has refused Watch Tower Bible & Tract Society of Britain permission to apply for a judicial review against the Charity Commission’s decision to begin an inquiry into child protection issues at a Jehovah’s Witness congregation and to order the production of information.

The charity argued that the breadth of the inquiry was too wide and that the production of information order would breach the human rights of some of the individuals concerned. The court rejected this, as it believed the Charity Tribunal would be a suitable forum to address the charity’s concerns and judicial review would be unnecessary as the Charity Tribunal could quash or change the production of information order and close an inquiry. The High Court did recognise, however, that the Charity Tribunal did not have the power to amend the scope of an inquiry.

This decision may reduce the number of charities being granted permission to apply for judicial review as there is a clear indication that the High Court considers that the Charity Tribunal should be able to deal with many of the concerns being raised.

For more information or to discuss your requirements contact one of our charity law solicitors today on 01895 207809 or email charities@ibblaw.co.uk.