Private schools given charity reprieve

Released 08/07/2010

ISC demands legal ruling on charity status for independents

Two private schools have won a reprieve from the Charity Commission today that confirms they are operating in the public benefit as charities, despite a ruling made last year that said otherwise.

S. Anselm's School in Derbyshire and Highfield Priory School in Lancashire have been found to be operating for the public benefit after being asked by the charity watchdog to improve their aid to pupils who cannot pay full fees.

The announcement has been welcomed by the Independent Schools Council (ISC), however the ISC remains concerned about the Commission's approach to the "public benefit" of independent schools as charities and has asked for a legal ruling to clarify the guidelines of private schools as charities.

ISC confirms that it has been seeking permission to apply for judicial review of the Charity Commission's guidance since February 2010 and expects to hear shortly whether that application has been granted.

Independent schools are required to prove to the Charity Commission they are offering a "public benefit", as a condition of charitable status and it is no longer an automatic right. But there have been concerns amongst private schools that are unclear on what exactly public benefit means.

Speaking today, chief executive of ISC, David Lyscom, commented: "We are delighted, on behalf of the two schools, that the Charity Commission has reacted positively to their plans for the future. But this decision does little to lift the uncertainty for charitable schools about what they need to do to meet the Commission's public benefit test. Nor does it resolve our concern all along that the Commission's interpretation of public benefit is too narrow and deeply flawed.

"This is not just about two schools. The entire sector is at the whim of the Commission's prevailing and subjective view as to what is ‘sufficient' for a school to get the all-clear. This is an appalling situation for schools to be in, and jeopardises the future of beacons of educational excellence educating almost half a million children annually."

Last July the Charity Commission found S. Anselm's School Trust in Derbyshire and Highfield Priory School in Lancashire to be charities it felt were not operating for the benefit of the public and asked them to prove they were helping pupils who could not afford their fees in order to keep their charitable status.

Both schools have since extended their bursary schemes to help underprivileged pupils. In the 2008/2009 year, only 0.8% of the pupils at S. Anselm's were supported by a bursary, while in 2011/2012, the projection is 3.6%. Meanwhile, none of the pupils at Highfield Priory School were supported by bursaries last year and the six-year plan is for 6.6% of pupils to be receiving the support by 2014.

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