International Association for Therapeutic and Counselling Choice v Charity Commission for England and Wales

The First-Tier Charity Tribunal has upheld the Charity Commission's refusal to register an organisation as a charity because it was not established for exclusively charitable purposes for the public benefit. 

The International Foundation for Therapeutic and Counselling Choice ('IFTCC') was described in a recent Civil Society article as a 'pro-conversion therapy group'. Its mission statement explains that it 'exists to support dedicated providers of services to individuals seeking change of their unwanted relational and sexual behaviours, attractions and patterns'. 

IFTCC had appealed against the Commission's refusal in December 2023 to register it as a charity, arguing that:

• its purpose or objects were exclusively charitable and for the public benefit;
• failing to register it as a charity would offend its rights under ECHR Article 8 (protection of private and family life) and Article 9 (freedom of thought, conscience, and religion); and
• it was not afforded the same treatment as the LBGTQ+ charity Stonewall, so the public is not being permitted to see a contrary point of view.

The tribunal dismissed all of IFTCC's charity law related arguments, which it considered to be unsound. Also, in the tribunal's view, the Commission's decision did not unlawfully interfere with any protected rights under equality law.

The tribunal emphasised that this appeal turned on its own facts and that previous registration decisions were not applicable to this case.