The recent case of Muhoro v Charity Commission for England and Wales (CA/2015/0004) is a reminder that Charity Commission decisions must be appealed to the Charity Tribunal within 42 days of the Commission’s original decision.
The 42 days’ time limit applies regardless of whether the Charity Commission offers an internal review of their decision. Where there is an internal Commission review of a decision, the appeal to the First-tier Tribunal should be followed by an application to that Tribunal for a stay of proceedings pending the outcome of the decision review.
In the case of Muhoro v Charity Commission, Muhoro sent a notice of appeal to the First-tier Tribunal some 90 days after the Charity Commission made an Order (appointing a corporate trustee using their power under the Charities Act 2011). The appellant had applied for a decision review by the Charity Commission and claimed that the relevant date for the purposes of the time limit for an appeal was the decision review date. The Tribunal held that this was not the case and that the relevant date was the date of the Order.
This case is a reminder for readers that if and when they are considering appealing a Charity Commission decision, it must be done within the 42 day limit.