A High Court judge will decide this week whether to allow a judicial review of the Charity Commission's refusal to open a formal inquiry into an Islamic charity in east London.
Basharat Hussain, a former trustee of the Imamia Mission London, complained to the commission a year ago that a trustee had been convicted of criminal offences that should prevent him serving on the board.
The commission decided not to open an inquiry. It told Hussain that the person had resigned as an administrative trustee and it was making sure he resigned as a holding trustee by removing his name from Land Registry documents.
Hussain complained to the charity tribunal that the commission had breached its statutory duty to investigate misconduct. The tribunal ruled in July that it was not within its jurisdiction to ask the commission to take the matter further, but referred the case directly to the Administrative Court. It is the first time the tribunal has taken this step.