Jersey Charity Tribunal Annual Report 2020

STATES OF JERSEY

JERSEY CHARITY TRIBUNAL: ANNUAL REPORT 2020

Presented to the States on 10th March 2021

by the Minister for External Relations and Financial Services

STATES GREFFE

2021  R.34

JERSEY CHARITY TRIBUNAL

ANNUAL REPORT

2020

This is the third Annual Report of the Jersey Charity Tribunal ("JCT") and covers the period 1 January 2020 to 31 December 2020

Contents

Membership of the JCT  4 Chairman's Foreword  5 Overview  6 Statistics relative to the Charities (Jersey) Law 2014  7 Refusal of Registration  7 Registered charity appeals..  7 Article 26/required steps notice appeals.  7 Attorney General appeals.  7 Third party appeals  7 Party failing to attend.  7 Charlies appeal issues and outcome..  7 Representation of parties  7 Use of translators.  8 Contact details of the Tribunal Service  8

Membership of the JCT

The JCT consists of a professionally qualified Chair, Vice-Chair and four other tribunal members.

The Chair and/or the Vice-Chair will sit with other tribunal members in respect of appeals, those other tribunal members will be selected with relevant knowledge applicable to the appeal.

All appointments to the JCT are made following an open recruitment process overseen by the Jersey Appointments Commission in accordance with published guidelines.

Once appointed lay members remain entirely independent of their background, they do not represent any organisations with which they are associated and are entirely impartial, even though in charity related appeals they will have a background in charitable matters.

Members of the JCT

The members of the JCT in 2020 were appointed on 9 February 2018 for a three-year term and are as follows:-

Chair

Mrs Sarah Bartram-Lora Rein

Vice Chair

Ms Anna Przybyszewska

Panel Members Advocate Martin Elks Mr Kevin Hart

Mr Dominic Herbert

Mrs Deborah Thompson

Tribunal Service Team Members

Manager Tracey Buesnel

Registrars Tayla Le Mottee Janet Smith

Chairman's Foreword

On 9 February 2018, the JCT was established with its respective members appointed. The members with the assistance of the Tribunal Service Team have established the forms, guidance notes and website for the JCT in preparation for those appeals made in accordance with the Charities (Jersey) Law 2014. The process will involve a case management meeting as with other tribunals.

In 2020, as in the previous year, there were no appeals received by the JCT. For future effective governance the report below details those who can make an appeal and will contain detailed summaries in future years to assist with any issues that may arise.

Finally, I would like to thank the Vice-Chair and the tribunal members for their valuable and continued support for the JCT along with the Registrars for sharing their knowledge, support and continuing the smooth running of the JCT, during a challenging year for all, in light of the ongoing pandemic We look forward to working with the users of the JCT in 2021.

Sarah Bartram-Lora Reina Chairman

20th February 2021

Overview

The JCT is an independent judicial body set up to hear appeals in accordance with the Charities (Jersey) Law 2014 that will either be upheld or struck out depending on the facts and legislation.

The JCT is one of several tribunals managed by the Judicial Greffe, the administrative arm of the Jersey Courts, through the Tribunal Service. The Judicial Greffe maintains budgetary control of the tribunal's day to day resources and the Chief Minister oversees the appointment of new tribunal members.

The other tribunals in the Tribunal Service are:

• the Employment & Discrimination Tribunal

• the Planning Tribunal

• the Health & Safety Tribunal

• the Social Security Tribunal, which is made up of three tribunals  dealing with medical appeals, social security appeals and income support medical appeals

• the Mental Health Review Tribunal

The JCT itself is similar to a court but is less formal. Hearings are open to the public, although there are certain circumstances when a hearing may be held in private, primarily those which are on/applications for the restricted sector. The JCT aims to provide a user-friendly service ensuring that the documentation and terminology used in its proceedings is easily accessible to all parties. The services of a translator are provided when required at no charge to a party.

The  JCT  claim  and  response forms, together  with  its  user  guides  and  other  explanatory information are available on the Tribunal Service website www.tribunal.je.

The JCT's decision  will be  published  on the Jersey Legal Information Board website and www.tribunal.je. and those redacted appeals in respect of the restricted sector.

Statistics Relating to the Charities (Jersey) Law 2014

In 2020, the JCT received no appeals. Further details as to the appeals is hereunder.

Applicant for registration appeals In 2020, the JCT received no appeals.

Registered Charity Appeals

In 2020, the JCT received no appeals.

Article 26/Required Steps Notice Appeals In 2020, the JCT received no appeals

Attorney General Appeals

In 2020, the JCT received no appeals.

Third Party Appeals

In 2020, the JCT received no appeals.

Party's failure to attend

There are no figures to report as no appeals were received in 2020

Charities appeal issues and outcome

There were no figures to report as no appeals were received in 2020.

Representation of parties

There were no appeals heard in 2020 whereby representation of parties was required.

Use of Translators

The services of a translator are provided by the Tribunal Service when required. This service facilities the smooth running of hearings and ensures fairness. In 2020 as no appeals were received, this service was not required.

Contact details of the Tribunal Service

Address

1st Floor, International House, 41 the Parade, St Helier, JE2 300

Opening Hours Monday - Friday

9.00 am to 5:00 pm

Telephone (01534) 441380

Email registrartibunalservice@gov.ie

Website www.tribunal.je