Charity tribunal strikes out appeal against Charity Commission decision

Ruling says it is not in the tribunal's jurisdiction to review Commission decisions not to investigate complaints

Charity Commission
Charity Commission

The charity tribunal has struck out an appeal against the decision by the Charity Commission that it cannot investigate a complaint about services provided by the charity Crossroads Care in Mid Yorkshire.

The tribunal made the move after ruling that it is not within its jurisdiction to overturn a decision by the commission not to investigate a complaint.

Yash Kansal had complained to the commission that the charity had stopped providing services to his disabled mother. He said this amounted to "serious harm to beneficiaries and, in particular, vulnerable beneficiaries" – one of the criteria used by the commission to determine whether to investigate a complaint about a charity’s governance.

But the commission told Kansal that his complaint was about service delivery, and it was not within its remit to investigate service delivery by charities. This prompted his appeal to the tribunal.

Kansal told Third Sector he would now ask the commission to review its decision not to investigate his complaint. "This has been very difficult because nobody has explained to me what steps I should take to complain," he said.

A Commission statement said: "The complaint relates to the service provided by the charity, and therefore does not fall within the commission’s regulatory remit. We explained our jurisdiction to the complainant and advised that this is not a matter in which we can intervene."

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