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Scottish appeals service dishes out first judgement

By Paul Jump, Third Sector Online, 27 March 2008

The Scottish Charity Appeals Panel has found in favour of the Office of the Scottish Charity Regulator in the first judgement since it launched almost 18 months ago.

The appeal was brought by the Aberdeen Mosque and Islamic Centre (charity number SCO038010), which objected to the OSCR’s order for it to change its name. The regulator said the name was already being used by another charity (charity number SCO028038).

The panel of one legally qualified chair and two lay members decided that although the OSCR should have done things slightly differently, a re-run of its investigation would inevitably lead to the same outcome, causing “unnecessary delay and additional expense for both parties”.

Jane Ryder, chief executive of the OSCR, said she was pleased that the panel had endorsed the regulator’s view on “all substantive points”. She said she would be looking at how to adopt its suggestions for improvements in the OSCR’s processes.

“Today's announcement demonstrates that the appeals process is thorough, robust and can address the concerns of both the appellant and the OSCR,” she said.

She confirmed that the OSCR would not be seeking to reclaim legal costs.

The Scottish Charity Appeals Panel has one other case pending. The Charity Tribunal for England and Wales was launched earlier this month.