Charity battle victory for independent schools

Independent schools have won their legal battle with the Charity Commission over the way they have to justify their charitable status.

Under the current rules, which came into effect in 2006, private schools must prove their benefit to the wider public in order to keep their charitable status and the associated tax breaks. Most independent schools operate as charities.

The challenge came from the Independent Schools Council (ISC), which represents 1,260 schools nationally. It argued at a tribunal in London that the current guidance from the Charity Commission was too narrow and placed too much emphasis on the bursaries that independent schools offer to poorer children while failing to take into account all the charitable work that they did.

The tribunal ruled that "certain parts of the Charity Commission's guidance were erroneous", although the Commission insisted its guidelines were clear, adding that it had only provided “supportive assistance” to help trustees of charities retain their charitable status.

The Charity Commission may decide to take the case to the Court of Appeal.