Tribunal will hear Friends group case against sale of building
The Rolls Building houses the Charity Tribunal . Credit: Judicial Office, UK Licence CC-BY-SA
The Charity Tribunal hearing of the challenge by The Friends of the Victoria Hall (FoVH) the sell-off of Victoria Hall by Ealing Council has now been scheduled.
FoVH is disputing the way in which the Charity Commission allowed the Council to change the rules of the trust which owns the hall so that it can take over its property. The hearing will take place between December 2021 and June 2022.
The Victoria Hall, the Princes Hall and a number of other rooms in Ealing’s Grade II listed Town Hall belong to a Charitable Trust whose beneficiaries are the people of Ealing. For this reason, the Council needed the permission of the Charity Commission to alter the terms of the trust in order to dispose of its property as part of a deal with hotel developer Mastcraft.
FoVH decided to take the expensive step to go before the Tribunal following the Charity Commission’s decision in March 2021 to allow Ealing’s deal with Mastcraft to go ahead.
The group says it will be drawing the judge’s attention to what it describes as dubious claims by Ealing Council that the Charitable Trust to which the Victoria Hall belongs is not and cannot be financially sustainable. It also believes the council has failed to properly identify the extent of Trust property resulting in the Trust being 'short-changed' by the deal and that a severe loss of amenity to the beneficiaries of the Trust, the people of Ealing, has occurred. In addition it is suggested that there is a conflict of interest between the Council and the Trust
Roger Green, Chair of FoVH said, ‘We’ve tried repeatedly to engage with the Charity Commission about these issues and why the Council’s proposals should be refused, but to no avail. It’s a shame that it’s come to this, especially at a time when there are much better things that such large sums of money could be spent on.’
‘The Council is largely to blame through years of poor management and a failure to keep their and the Trust’s affairs separate. But we’re challenging the Charity Commission as they’re supposed to represent the beneficiaries of charities and charitable trusts like this one and not the interests of powerful local politicians and commercial organisations. By approving this shoddy deal, they have let the people of Ealing down.’
FoVH is taking legal advice from Bates Wells Braithwaite, City solicitors with a strong background in charity law.
Mr Green added, ‘High-quality legal advice is expensive, and we’d like to say a huge thank-you to everyone who’s contributed to the £70,000 we’ve had to raise so far and no thanks at all to Ealing Council and the Charity Commission who’ve forced us to do so.’
‘It’s not over yet, so contributions are still welcome on our crowdfunding page’.
A spokesperson for the Charity Commission said, “We are aware of the appeal by the Friends of Victoria Hall against a scheme made by the Commission under the Charites Act 2011. This matter will now go to the Charity Tribunal for consideration. In order not to prejudice the outcome of the tribunal, we are unable to comment further at this time.”
For details of the fundraising appeal click here.
A spokesperson for the Charity Commission said, “We are aware of the appeal by the Friends of Victoria Hall against a scheme made by the Commission under the Charites Act 2011. This matter will now go to the Charity Tribunal for consideration. In order not to prejudice the outcome of the tribunal, we are unable to comment further at this time.”
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September 8, 2021
