16 October 2015

Charity Commission removes a charity from the register following various concerns including possible payments for non-charitable purposes

Alison Paines
Partner | UK

Following the Charity Commission's operational compliance case, the Africa Children's Fund (the 'Charity') has been struck off by Companies House and removed from the Charity Commission's register. The Charity Commission's report indicates that the Charity was making payments that did not appear to be for charitable purposes.

The Charity Commission launched its investigation after becoming concerned about a number of factors, which included the Charity being in default of filing requirements, the description of the Charity's activities recorded at Companies House not matching the Charity's objects, only having two trustees when the governing document required a minimum of three, and submitting dormant accounts to Companies House despite submitting a 2013 annual return indicating that its income was £24,090. The Charity Commission also found that the Charity had changed its name several times.

As a result of its investigation, the Charity Commission requested that the Charity submits its outstanding documents and requested a copy of the Charity's accounts. Following the failure of the trustees to provide the accounts or to give an explanation, the Charity Commission used its power to obtain the Charity's bank statement.

The Charity Commission found that the figures in the statements did not match those declared on the annual return, and to the Charity Commission's concern, showed that a number of payments that did not appear to be for charitable purposes. Despite the Charity Commission's attempts to request further information regarding this, it received no further response from the trustees.

In May this year, the Charity was dissolved and struck off by Companies House. As the Charity was no longer a legal entity, the Charity Commission proceeded to remove it from the register of charities.

Alison Paines Partner | London, Cambridge

Category: Article

Client types: Charities and non-profit