Dunsfold Church of England School Trust: Charity Commission decision
Published 4 April 2011
Applies to England and Wales
© Crown copyright 2011
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This publication is available at https://www.gov.uk/government/publications/dunsfold-church-of-england-school-trust/dunsfold-church-of-england-school-trust-charity-commission-decision
The Commission received representations following the publication of a draft scheme which it proposed to make on the application of the trustee, Guildford Diocesan Board of Finance. The school was closed a number of years ago and negotiations between the trustee and members of the local community about the future use of the property did not reach agreement. The proposed scheme would amend the objects, add a discretionary power to sell the trust property and provide for the use of income from the invested proceeds of sale if the proceeds are not applied for a replacement school.
The review was conducted by the Head of the Commission’s Specialist Casework Division. He considered the 85 representations received. Six people who made representations took the opportunity to speak to the reviewer by telephone, including a representative of the Parish Council acting on behalf of residents.
On considering the representations, the reviewer concluded that it was in the interests of the charity for the scheme to be made, but with modification.
The scheme was modified to provide that the property could be leased (but not sold) at either a full or nominal rent if it cannot be used for the existing purposes. The scheme limits any lease to be for a maximum of 25 years and only for educational purposes which are not inconsistent with the principles of the Church of England. The modified scheme also provides for income generated (after deduction of maintenance and other costs) to be spent on promoting the education of children in Dunsfold and, subject thereto, on the Church of England schools attended by children who would otherwise have gone to the closed school.
The reviewer considered that these modifications would protect the use of the property for its original purpose, or for purposes which are as near as possible to the original purpose to provide a Church of England school.
The scheme was made on 31 March 2011.
The Commission’s decision was subject to challenge in the First Tier Tribunal (Charity) and amendments to the scheme were ordered by the Tribunal. For more details please see the Judgments on the FTT website