Decision

Message and Information Safety Support: Charity Commission decision

Published 4 December 2012

This decision was withdrawn on

This Regulatory decision has been archived in line with our policy because it’s over 2 years old.

Applies to England and Wales

© Crown copyright 2012

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This publication is available at https://www.gov.uk/government/publications/message-and-information-safety-support/message-and-information-safety-support-charity-commission-decision

The Commission considered an application from Message and Information Safety Support for registration as a charity. Its objects are:

  1. The provision of message and information systems thereby assisting the Police, National and Local Government and other public services in the prevention of crime throughout the United Kingdom;
  2. To assist in fundraising and offering financial support for other charities. In particular to support community based youth projects.

On the evidence before it, the Commission was not satisfied that the organisation was established for exclusively charitable purposes for public benefit and therefore could not enter it on the register of charities. The organisation applied for a review of the decision.

The reviewer considered the matter afresh and was also unable to conclude that the organisation was established for exclusively charitable purposes for public benefit for the following reasons:

A. The first purpose is concerned with the prevention of crime which is capable of being charitable. The provision of message and information systems may be a means to further the prevention of crime but the applicants did not demonstrate the link between the means and the furtherance of that purpose.

B. The second purpose is to assist in fundraising for charities which is not in itself a charitable purpose. This may, for instance, be undertaken as a commercial activity. The provision of support to community based projects may be a means to further charitable purposes but is not a charitable purpose in itself.

C. During the review, the trustees suggested revised purposes: “To offer free access to information by establishing hotspots and to make space available to charities, organisations, clubs, groups and companies.” These additional purposes do not express exclusively charitable purpose falling within the descriptions of charitable purposes in section 3 of the Charities Act 2011.

D. Where the purposes are uncertain, the Commission follows the approach of the courts in considering the relevant factual background in order to ascertain the purposes and determine whether the purposes are charitable and are for public benefit. The activities included the following:

  • provision of message and information systems;
  • letting of property to a variety of organisations to include charities, voluntary organisations, community groups and other organisations;
  • financial support to charities and community based organisations.

On the basis of the information provided the applicants did not demonstrate the link between these activities and the furtherance of exclusively charitable purposes.

E. It was not evident that Message and Information Safety Support is established for the public benefit and that any private benefit is incidental to furthering exclusively charitable purposes.

In reaching its conclusions, the Commission confirmed that it had taken into account that the organisation was at a formative stage and not yet operating, however, the onus was on the applicants to demonstrate that the organisation was a charity. This had not been done.

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