High Court judge says no to judicial review of Charity Commission decision

Court will not hear case about regulator's refusal to investigate Islamic charity

Charity Commission
Charity Commission

A High Court judge has decided not to grant permission for 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, had asked for a review of the commission's decision not to use its statutory powers to force the charity to remove a trustee. The trustee had been convicted of criminal offences that should prevent him from serving on the board, Hussain said. 

The commission asked the charity to remove the trustee with the criminal conviction from the board. The charity has removed the man as an administrative trustee, but he is still a holding trustee, which means his name is still on property ownership records at the Land Registry.

Earlier this year, 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, which has now refused permission for a judicial review hearing.

A spokeswoman for the commission said that as far as she was aware steps were under way to remove the trustee as a holding trustee.

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