Alan Geoffrey Ground, Barrie Pople, Clare Lemieux and Celeste Lawrence v Charity Commission for England & Wales and The Guildford Diocesan Board of Finance

Alan Geoffrey Ground, Barrie Pople, Clare Lemieux and Celeste Lawrence v Charity Commission for England & Wales and The Guildford Diocesan Board of Finance

The Tribunal held that the Charity Commission's scheme did not sufficiently consider the spirit of the original gift, which was to provide a Church of England school for the benefit of Dunsfold residents. The Tribunal determined that the scheme should be amended to require the Trustee to give preferential consideration to the use of the property as a school for the village, consistent with the principles of the Church of England, before considering wider educational or community uses. The Tribunal balanced the need for flexibility, given the property's condition and current circumstances, with the need to respect the original charitable intention.

Parties
Appellant: Alan Geoffrey Ground; Appellant: Barrie Pople; Appellant: Clare Lemieux; Appellant: Celeste Lawrence; First Respondent: The Charity Commission for England and Wales; Second Respondent: The Guildford Diocesan Board of Finance
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Charity Tribunal Appeal / Final Judgment and Order on Appeal
Outcome
Appeal allowed; scheme amended
Legal Topics
Cy Près Doctrine, Charity Schemes, Trustee Powers, Application of Charitable Property, Interpretation of Charitable Trusts
Charity Law Trusts Law Administrative Law Cy Près Doctrine Charity Schemes Trustee Powers Application of Charitable Property Interpretation of Charitable Trusts

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Parties

Alan Geoffrey Ground

Appellant

Barrie Pople

Appellant

Clare Lemieux

Appellant

Celeste Lawrence

Appellant

The Charity Commission for England and Wales

First Respondent

The Guildford Diocesan Board of Finance

Second Respondent

Procedural Posture

Charity Tribunal Appeal / Final Judgment and Order on Appeal

Legal Issues

  1. 1 Whether the Charity Commission's scheme for Dunsfold Church of England School Trust properly reflected the cy-près doctrine and the spirit of the original charitable gift
  2. 2 What is the appropriate application of the charity property given the original purposes have ceased to provide a suitable and effective method of use
  3. 3 How should the Tribunal balance the religious and educational aspects of the trust in amending the scheme

Ratio Decidendi

The Tribunal held that the Charity Commission's scheme did not sufficiently consider the spirit of the original gift, which was to provide a Church of England school for the benefit of Dunsfold residents. The Tribunal determined that the scheme should be amended to require the Trustee to give preferential consideration to the use of the property as a school for the village, consistent with the principles of the Church of England, before considering wider educational or community uses. The Tribunal balanced the need for flexibility, given the property's condition and current circumstances, with the need to respect the original charitable intention.

Court Disposition

Appeal allowed; scheme amended

Orders

  • The Tribunal amends the Charity Commission's scheme dated 31 March 2011 for Dunsfold Church of England School Trust (4028530) to require preferential consideration for use as a Church of England school for Dunsfold residents, with a hierarchy of permitted uses and powers for the Trustee to appoint an independent...