States Assembly | R.34/2025

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STATES OF JERSEY

JERSEY CHARITY TRIBUNAL ANNUAL REPORT 2024

Presented to the States on 13th March 2025 by the Minister for External Relations

STATES GREFFE

2025 R.34

JERSEY CHARITY TRIBUNAL

ANNUAL REPORT 2024

This is the seventh Annual Report of the Jersey Charity Tribunal ("JCT") and covers the period 1 January 2024 to 31 December 2024

Contents

Membership of the JCT.......3 Chair's Foreward...4 Overview.5 Statistics relative to the Charities (Jersey) Law 2014.....6 Refusal of Registration.....6 Registered charity appeals..6 Article 26/required steps notice appeals...6 Attorney General appeals.............................................................6 Third party appeals...6 Party failing to attend....6 Charities appeal issues and outcome.............................................................6 Representation of parties....6 Use of translators..6 Contact details of the Tribunal Service..7

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 being 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 first appointed on 9 February 2018 for a three-year term. The members of the JCT were then re-appointed on 10 March 2021 for a further three-year term, with the exception of Dominic Herbert, who stood down. On 18 June 2024, the members of the JCT were then re-appointed for a further (and final three year term), with the exception of Deborah Thompson, who stood down. The Chair would like to thank Deborah Thompson for her dedication and commitment to the JCT.

The members of the JCT are as follows:- Chair

Sarah Bartram-Lora Reina

Vice Chair

Anna Przybyszewska

Panel Members Advocate Martin Elks Kevin Hart

Tribunal Service Team Members Manager

Tracey Pearce

Registrars

Helena Nensen-Whelan

Katie Thorne

Barbara Kilianczyk

Chair's Foreward

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 majority of JCT members were reappointed for a further three-year term, and subsequently in 2024, with the JCY members as shown. Since inception to date, there have been no appeals received by the JCT during 2024. 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 2025.

Sarah Bartram-Lora Reina Chair

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 and Discrimination Tribunal
the Planning Tribunal
the Health and 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 and Capacity 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.courts.je/tribunals/charity-tribunal/

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

Statistics Relating to the Charities (Jersey) Law 2014

In 2024, the JCT received no appeals. Further details as to the appeals is hereunder.

Applicant for registration appeals