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England and Wales decisions
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The High Court refused the Charity Commission’s judicial review challenge to an Ombudsman decision, holding the claim academic and, in any event, unarguable.
Charity Commission for England and Wales v Parliamentary and Health Service Ombudsman [2026] EWHC 486 (Admin) (06 March 2026)
Permission for judicial review was refused because the claim had become academic, was unarguable, and was reinforced by parliamentary non-justiciability concerns.
Section 31(3) FOIA exemption was engaged because confirming or denying whether the Charity Commission held the requested information would likely prejudice its regulatory functions by undermining trust in its complaints process. The public interest in maintaining the exemption outweighed the public interest in disclosure.
Source excerpt
The High Court partly allowed a judicial review of the Charity Commission’s Kids Company report, quashing two criticisms as irrational and rejecting predetermination.
The First-tier Tribunal dismissed an appeal against the Charity Commission’s refusal to disclose compliance-case material, upholding section 31(1)(g) FOIA.
Batmanghelidjh v Charity Commission for England and Wales [2022] EWHC 3261 (Admin) (19 December 2022)
Judicial review of the Charity Commission’s regulatory actions was dismissed. The High Court held the Commission acted within its powers and with procedural fairness.
Cornerstone (North East) Adoption and Fostering Services Ltd, R. (On The Application Of) v HM Chief Inspector of Education, Children's Services and Skills (OFSTED) [2021] EWCA Civ 1390 (24 September 2021)
The Court of Appeal dismissed Cornerstone’s challenge to Ofsted’s inspection report, holding that the agency’s recruitment policy unlawfully discriminated on sexual orientation grounds.
Directions in a charity appeal kept Tariq Mahmood as a respondent and set timetables for bundles, witness evidence, skeleton arguments, and authorities.
The Charity Commission for England and Wales v Mountstar (PTC) Ltd [2016] EWHC 876 (Ch) (21 April 2016)
The High Court sanctioned interim managers of the Cup Trust to discontinue a Gift Aid appeal, finding the challenge had negligible prospects and insufficient funding safeguards.
The Tribunal accepted the appellant’s withdrawal by consent and made a consent order disposing of the charity appeal, with directions for disclosure to the Charity Commission.
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