Names of Trustees and Dates of Service

Andrew Barr made this Freedom of Information request to Charity Commission for England and Wales

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Charity Commission for England and Wales.

Dear Charity Commission for England and Wales,

Please provide internal and external communications in respect of the following charities:

Knights Institute of Sports 1047619
Knights Millennium Foyer Limited 1098164
Newham Community Leisure Limited (also known as Newham Community Leisure Trust Limited 1009672

Please include letters, emails, faxes, memos, agenda, minutes, and notes of phone calls and of meetings.

Please provide the information to me in electronic format at this email address.

Many thanks.

Yours faithfully,

Andrew Barr

FOI Requests, Charity Commission for England and Wales

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Business Assurance Casework (Queue), Charity Commission for England and Wales

Dear Mr Barr

Thank you for your request for information submitted under the Freedom of
Information Act (FOIA) and received 02 August 2016. You have requested, in
respect of charities 1047619 Knight Institute of Sports, 1098164 Knights
Millennium Foyer Limited, and 1009672 Newham Community Leisure Limited,
the following information:

Internal and external communications including:
letters, emails, faxes, memos, agenda, minutes, and notes of phone calls
and of meetings.

I can confirm that the Commission does hold information falling within the
terms of your request.

1.     1047619, Knight Institute of Sports

We have records of the following items regarding the charity:

20/05/2009:     General enquiry by telephone. No detail held

10/09/2010:     General enquiry by telephone. No detail held

20/09/2010:     Declaration by the charity that it had wound up for the
reason that it had merged with another charity.

The charity was subsequently removed from the Register of Charities on 18
October 2010.

2.     1098164, Knights Millennium Foyer Limited

You will be aware that, in 2005, the charity was the subject of an inquiry
instigated by the Commission under S.8 of the Charities Act 1993. A
Statement of the Results of the Inquiry (SORI) was published 01 September
2005. The charity was registered 23 June 2003 and was removed from the
register 28 February 2014 when it was amalgamated with another charity,
South London YMCA.

We do hold information of the type described in your request in our
records for this charity. However, the information we hold concerns issues
arising from the inquiry and the publication of the SORI. We consider this
information to be exempt from disclosure, applying the following
provisions of the FOIA.

Section 40(2) of the FOIA – Personal Data of third parties

S.40(2) of the FOIA states that information is exempt from disclosure if
it constitutes personal data and its disclosure would breach one of the
data protection principles set out in the Data Protection Act 1998 (DPA).

In order to satisfy the first data protection principle – that personal
data be processed fairly and lawfully– at least one of the conditions set
out in Schedule 2 of the DPA must be met. Having reviewed the documents
requested I do not consider that any of the Schedule 2 conditions for fair
processing would be satisfied should the data be disclosed to you. I am,
therefore, withholding the personal data in the requested information as
it is exempt from disclosure under S.40 (2) of the FOIA.

Section 41 - Confidentiality

S.41 (1) states that information is exempt from disclosure where:

 

·        It was obtained by the public authority from any other person
(including another public authority) and

·       The disclosure of the information to the public (otherwise than
under the FOIA) by the public authority holding it would constitute a
breach of confidence.

 

Although many of the issues arising in the information requested relate to
dissatisfaction with the Commission’s handling of the inquiry, its release
would risk identifying complainants and other parties. 

 

The information you have requested is confidential and is exempt from
disclosure under section s.41 of the Act. The information has been
obtained from third parties and the Commission considers that its
disclosure may give rise to an actionable breach of confidence.  It has
the necessary quality of confidence in that it is worthy of protection, is
not readily available to the public and has been provided under a duty of
confidence. There is also a risk that disclosing information supplied in
confidence would hinder the Commission’s ability to carry out its
functions if third parties were deterred from providing information.

The public statement in our guidance CC47 Complaints about Charities
confirms our approach: “Documents and information gathered during the
course of, and for the purposes of an inquiry will be treated in
confidence, until we publish the results (although even then some
information will continue to be exempt from disclosure) or they are
required under a Court Order during legal proceedings”.

Section 42 – Legal Professional Privilege

S.42 of the FOIA states:

·        Information in respect of which a claim to legal professional
privilege or, in Scotland, to confidentiality of communications, could be
maintained in legal proceedings is exempt information.

Much of the information contained in the cases recorded against this
charity involves requests for, and supply of, legal advice which have been
made under legal privilege. This material is, accordingly, exempt from
disclosure under S.42 of the FOIA.

3.     1009672, Newham Community Leisure Limited

The Commission is currently investigating Newham Community Leisure
Limited. A statutory inquiry was opened on 18 December 2013 after concerns
were brought to the attention of the Commission. As the information you
have requested relates to a statutory inquiry, it is exempt from
disclosure under section 32 of the FOIA.

Section 32(2) states that information is exempt from disclosure where it
is held by a public authority only by virtue of being contained in any
document placed in the custody of, or created by, any person conducting an
inquiry for the purposes of the inquiry.  In this context “inquiry” means
any inquiry held under any statutory provision. The Commission conducts
statutory inquiries under the power set out in s46 of the Charities Act
2011. 

Charities Act 2011 powers

Information relating to statutory inquiry cases is subject to an absolute
exemption from disclosure under FOIA by virtue of section 32. However, the
Commission has also considered its duties and responsibilities under the
Charities Act as qualified by the common law. In performing its functions
under the Charities Act the Commission has a duty to have regard to the
principles of best regulatory practice which include the principles that
regulatory activities should be proportionate and transparent (paragraph 4
in section 16 of the Charities Act 2011). The Commission has therefore
considered the extent to which it is in the public interest for the
information to be disclosed.

Some of the information you have requested relates to an ongoing inquiry.
There is public interest and concern in seeing that the regulator of
charities is doing its job properly.  As such, there are arguments that to
disclose this information is in the public interest. In addition, the
conduct of a quasi-judicial inquiry may engage the principle of open
justice– that justice should be seen to be done. These also favour
disclosure.  However, there are strong arguments in favour of withholding
the information in the public interest.

Both Parliament in FOIA and the Supreme Court in its decision in Kennedy v
Charity Commission for England and Wales [2014] UKSC 20 were clear that
there is a strong public interest in information related to an inquiry
being withheld whilst the inquiry is in progress. The Commission’s power
to conduct inquiries is set out in statute. The clear purpose of this
power is for the Commission to prevent and take action against misconduct
and mismanagement in charities, thereby protecting the reputation and
rights of the charity and others, and ensuring that charities are not
abused for criminal or other illegal purposes. Where the Commission is
still conducting an inquiry, there is a significant risk that the process
of that investigation will be hampered if information about the
investigation is released and for these reasons the Commission considers
that the public interest balance lies in favour of withholding this
information.

I hope this is helpful but if you are unhappy with this response, you can
ask for it to be reviewed. Such requests should be submitted within three
months of the date of our response and should be addressed to:

Charity Commission P O Box 211 Bootle L20 7YX

Email: [1][email address]

More information about our FOIA review service can be found via the
following link on our website:
[2]http://www.charitycommission.gov.uk/medi....

If, after this, you remain unhappy with the decision, you may apply
directly to the Information Commissioner (ICO) for a decision. Generally,
the ICO cannot make a decision unless you have exhausted our review
procedure. The ICO can be contacted at:

The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF Email: [3][email address].

Yours sincerely

Vicky Roberts

Business Assurance Team

Charity Commission

Email: [4][email address

 

 

 

 

 

 

 

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