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Jersey Charity Tribunal Annual Report 2022.

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STATES OF JERSEY

JERSEY CHARITY TRIBUNAL ANNUAL REPORT 2022

Presented to the States on 3rd March 2023

by the Minister for External Relations and Financial Services

STATES GREFFE

2023  R.36

REPORT

This is the fifth Annual Report of the Jersey Charity Tribunal ("JCT") and covers the period 1 January 2022 to 31 December 2022

Membership of the JCT

The JCT consists of a professionally qualified Chair, Vice-Chair and up to 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 were appointed on 9 February 2018 for a three-year term. The members of the JCT were re-appointed on 10 March 2021 for a further three-year term, with the exception of Mr. Dominic Herbert, who stood down. The Chair would like to thank Mr. Dominic Herbert for his time, dedication and commitment during the first three-year term.

The members of the JCT are as follows:-

Chair   Mrs Sarah Bartram-Lora Reina Vice Chair  Ms. Ann Przybyszewska Panel Members  Advocate Martin Elks

Mr. Kevin Hart

Mrs Deborah Thompson

Tribunal Service Team Members

Manager  Tracey Buesnel Registrars  Helena Nensen-Whelan

Janet Smith

Chair'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 2021, the JCT members as shown, were reappointed for a further three-year term. As in 2021 and earlier years, there were no appeals received by the JCT during 2022. 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.

We look forward to working with the users of the JCT in 2023. Sarah Bartram-Lora Reina Chair

26 January 2023

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 2022, the JCT received no appeals. Further details as to the appeals is hereunder.

Applicant for registration appeals In 2022, the JCT received no appeals.

Registered Charity Appeals

In 2022, the JCT received no appeals.

Article 26/Required Steps Notice Appeals In 2022, the JCT received no appeals.

Attorney General Appeals

In 2022, the JCT received no appeals.

Third Party Appeals

In 2022, the JCT received no appeals.

Party's failure to attend.

There are no figures to report as no appeals were received in 2022.

Charities appeal issues and outcome

There were no figures to report as no appeals were received in 2022.

Representation of parties

There were no appeals heard in 2022 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 2022 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 3QQ

Opening Hours Monday – Friday

9.00 am to 5.00 pm.

Telephone (01534) 441380

Email registrartribunalservice@courts.je

Website www.tribunal.je