Upton House Christian Eventide Home: Charity Commission decision
Published 19 March 2012
Applies to England and Wales
© Crown copyright 2012
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Upton House Christian Eventide Home (the charity) owned Upton House in Cromer, Norfolk, as designated property for a residential home for elderly Christians. The sole trustee, itself a charity, took the decision to close the residential home because it was no longer financially viable. Attempts to sell the property for continued use for its purposes were unsuccessful and it was sold to a private buyer.
The trustee contacted the Charity Commission to request a Scheme to amend the purposes of the charity to enable the proceeds of sale to be applied. The Commission took the view that the proceeds of sale were held on a special trust. It drew up a Scheme to amend the purposes of the special trust so that the funds could be applied for other similar purposes.
The Commission gave public notice to its intention to make the Scheme. Four representations were received, all objecting to the proposed Scheme.
A review of the representations was conducted by a senior manager in the Operations team, who gave those who commented on the draft Scheme the opportunity to clarify their representations orally by telephone. The reviewer also requested and considered additional information from the trustee and other interested parties.
The Commission may only make a Scheme to amend the purposes of a charity in certain circumstances (known as the ‘cy-pres principles’). The reviewer concluded that the cy-pres principles had been met and the Scheme should be made, but with modifications.