Introduction

This chapter seeks to illustrate three of the basic propositions of this book through an examination of three types of controversial charity.

The first basic proposition is that the Commission's powers of removal are limited. The second basic proposition is that there is a fundamental problem of legality with the Commission deciding whether an institution does not have charitable objects, and should therefore be removed from the register because the Commission does not have law making powers. The third basic proposition is that there is a need for greater clarity about the Commission's powers of removal. A related question is the legal uncertainty surrounding charitable status.

This chapter examines examples of controversial charities through case studies. These are charities connected to the state either through funding agreements or trusteeship, schools which charge fees and new religious movement charities. Each of the case studies illustrates the three basic propositions described above.

The methodology employed in this chapter is first to describe each of the types of charity and explain why they are controversial; second, to set out the possible grounds for removal based on indications given by the Commission; third, to make a critical analysis of those possible grounds for removal; and fourth, to demonstrate how that critical analysis illustrates the basic propositions.

Charities connected to the state

The first category of controversial charities to be explored in this chapter is charities connected to the state.