The Upper Tribunal ('UT') refused an appeal in September to compel the Charity Commission to investigate various charities in relation to alleged 'harmful and discriminatory practices'.
The appeal had already been dismissed by the First-Tier Tribunal ('FTT') in June 2025.
The Applicant considered that the charities had acted in breach of charity law, and as a result, felt that the Commission should consider whether to remove them from the register for no longer being considered a charity.
The Applicant also suggested that in the alternative, the failure of the Commission to act in respect of the Applicant's complaints would be appealable.
The UT considered the FTT's jurisdiction under Schedule 6 of the Charities Act 2011. The FTT's power to quash a decision of the Charity Commission to 'remove or not to remove an institution from the register' under section 34 of the Charities Act was considered in detail.
It was held that the Charity Commission's decision to take no action in relation to the Applicant's complaints did not constitute an active decision not to remove the charities from the register. Therefore, none of the provisions in Schedule 6 were engaged.
Whilst the High Court may have powers to require a public agency to make a decision, it was re-asserted that the FTT does not have such a power and only has the jurisdiction conferred upon it by the Charities Act 2011.
The UT therefore found that the Applicant would not have a realistic prospect of success in arguing that the FTT made an error of law when refusing to compel the Charity Commission to make a decision.
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