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John Knox, Solicitor
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Is it legal for a support group charity to set criteria against

Resolved Question:

Is it legal for a support group charity to set criteria against its beneficiaries on certain services based on how much they "give back" to the charity, ie whether they are active fundraisers.

Submitted: 11 months ago.
Category: UK Law
Expert:  John Knox replied 11 months ago.

Hello,

I will do my best to help you with this.

It could be. Are you able to give me a bit more information as to the situation so that I can advise fully?

Thanks

Customer: replied 11 months ago.

A charity that is a support group for families with disabled children. It offers lots of free activities that can be accessed by the disabled children. Two of the activities are more expensive to run for the charity so they have put a criteria on those activities that they can only be accessed by the people who "give back" ie where parents help on stalls at fairs or organise events etc. Is that enough information or do you need more?

Expert:  John Knox replied 11 months ago.

Hi Vicki

It seems to me that this charity, whilst not doing anything illegal, is in breach of its obligations under the Good Governance Code. Specifically, it has a duty to ensure that the aim or purpose of the charity is delivered.

The primary aim is to support families with disabled children by offering the free activities. They should not differentiate between children on the basis of whether their families are able to give back in the way you describe. This is certainly not good or charitable practice.

I recommend a firm letter questioning this policy and disputing whether it is in line with the code. You could threaten to report the charity to the Charity Commission if the policy is not altered.

Please rate me OK SERVICE or above and I will gladly answer your follow up questions.

John

John Knox, Solicitor
Category: UK Law
Positive Feedback: 97.1 %
Satisfied Customers: 1086
Experience: Solicitor and Advocate
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