Steep in Need Charitable Trust

The request was partially successful.

Dear Charity Commission for England and Wales,

Please provide me with an electronic copy of all current 'Governing Documents' of The Steep in Need Charitable Trust (Registered Charity No: 1172000).

Please provide me with an electronic copy of all previous 'Governing Documents' of The Steep in Need Charitable Trust (Registered Charity No: 1172000).

Please provide me with an electronic copy of all correspondence regarding the 'Charitable Objects' for The Steep in Need Charitable Trust between the Charity Commission and Trustees of The Steep in Need Charitable Trust.

Please provide me with an electronic copy of all correspondence regarding the 'Charitable Objects' for The Steep in Need Charitable Trust between the Charity Commission and any other individual or body, including but not limited to the Official Custodian for Trustees or the Steep Parish Council.

Please provide me with an electronic copy of the order that the Charity Commission made dated 2nd July 2012 confirming the appointment of the new Trustees to the Steep in Need Charitable Trust and transferring the title of the three sites from Steep Parish Council to the Official Custodian for Trustees on behalf of the new Trustees.

Yours faithfully,

Thomas Harding

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
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FC Do Not Reply (Queue), Charity Commission for England and Wales

2 Attachments

Dear Mr Harding.

Thank you for your email dated 25 February 2018.

You requested an electronic copy of all current 'Governing Documents' of
The Steep in Need Charitable Trust (Registered Charity No: 1172000) and a
an electronic copy of all previous 'Governing Documents' of The Steep in
Need Charitable Trust (Registered Charity No: 1172000).

You also requested an electronic copy of all correspondence regarding the
'Charitable Objects' and an electronic copy of the order that the “Charity
Commission made” dated 2nd July 2012.

We have dealt with your request under the Freedom of Information (FOI) Act
2000.

We routinely provide copies of registered charities’ governing documents
as part of our normal business and duties under the Charities Act 2011. 
This means the information you have requested is exempt from disclosure
under section 21 of the FOI Act as it is “reasonably accessible” to you
via other means.

However, we can provide a copy of the governing document under our usual
processes.  I have attached a copy of the governing Scheme of 23 October
2015. It is the only governing document for 1172000.

Our records for registered charity 1172000 do not hold the information
requested in relation to the charitable objects.

Please find attached a copy of the 2012 Order; as was requested.

If you think our decision is wrong, 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 the Charity Commission at PO Box 211,
Liverpool, L20 7YX (email:
[1][email address].)  More information
about our Freedom of Information Act review service can be found on the
following link on our website:  
[2]https://www.gov.uk/government/uploads/sy...

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:
[email address].)

We hope that this information is of assistance to you.

Yours sincerely,

John Dearden.

Charity Services.

W: [3]https://www.gov.uk/charity-commission

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Thomas Harding

Dear Charity Commission for England and Wales,

Thank you for you the copy of the Charity Scheme and Order regarding Steep In Need Charitable Trust following my request dated 25 February 2018.

However, I did not see copies of the other documents that I requested, particularly the correspondence between the Charity Commission and the Trustees of Steep In Need. I specifically asked for correspondence regarding the commission's advice on the Charity's scheme and objects.

It is my understanding that the Commission has provided written guidance regarding a) the creation of the charity scheme, in particular its objects b) the charity's ability to sell any land that it owns and c) whether the provision of affordable or social housing on the charity's land would meet the objects laid out in the charity scheme.

I look forward to receiving copies of such correspondence by return.

Yours faithfully,

Thomas Harding

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
Please contact [1]Charity Commission to resubmit general enquiries.
 
This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

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RIGA Casework (Queue), Charity Commission for England and Wales

Dear Mr Harding

Thank you for your email of 4^th May 2018 requesting a review of the
Commission’s decision regarding your Freedom of Information request of
25^th February 2018.

My name is Jan Provost and I am a Freedom of Information and Complaints
Manager in the Records, Information, Governance and Assurance Division
(RIGA).

I can confirm I had no involvement in your original case. I apologise for
the delay in my response.

Background

On 25^th February 2018 you requested the following information in relation
to the charity The Steep in Need Charitable Trust (Registered Charity No:
1172000).

1.      Please provide me with an electronic copy of all current
'Governing Documents' of The Steep in Need Charitable Trust (Registered
Charity No: 1172000).

2.      Please provide me with an electronic copy of all previous
'Governing Documents' of The Steep in Need Charitable Trust (Registered
Charity No: 1172000).

3.      Please provide me with an electronic copy of all correspondence
regarding the 'Charitable Objects'  for The Steep in Need Charitable
Trust  between the Charity Commission and Trustees of The Steep in Need
Charitable Trust.

4.      Please provide me with an electronic copy of all correspondence
regarding the 'Charitable Objects' for The Steep in Need Charitable Trust
between the Charity Commission and any other individual or body, including
but not limited to the Official Custodian for Trustees or the Steep Parish
Council.

5.      Please provide me with an electronic copy of the order that the
Charity Commission made dated 2nd July 2012 confirming the appointment of
the new Trustees to the Steep in Need Charitable Trust and transferring
the title of the three sites from Steep Parish Council to the Official
Custodian for Trustees on behalf of the new Trustees.

The Commission responded on 5^th May 2018 confirming that in relation to
the requests for current and former governing documents only a copy of the
governing Scheme of 23 October 2015 was held. This was exempt from
disclosure under s21 of the FOIA as it was available to you under our
routine working processes and was therefore released to you outside the
provisions of the FOIA.

The response confirmed that the Commission did not hold any correspondence
in regard to the charitable objects.

 

A copy of the requested 2012 order was also released to you.

Decision Review

I have looked again at the Commission’s decisions in this case.

In relation to requests 1 and 2; I can confirm that the only governing
document held by the Commission is the scheme dated 23^rd October 2015.
The Commission routinely releases copies of governing documents under
provision 18 of the Charities Act 2011. As such the release of the
Governing document dated 23^rd October 2015 was made under this proviso
outside the FOIA.

In relation to request 5; the copy of the 2012 order was similarly
released to you.

I consider the above was actioned correctly.

In regard to requests 3 and 4; I have identified that the Commission does
hold information in relation to these requests.

To explain, before the charity was officially registered with the
Commission it was given an unregistered organisation number. This number
was superseded by the registered number of 1172000 quoted in your request.

A search of the charity’s records under the registered number did not
produce the information related to your request as the information was
held under the unregistered organisation number. I apologise on behalf of
the Commission for this misunderstanding.

Next Steps

Your original request will now be processed as a priority and a response
supplied to you under separate cover from this decision review.

If you remain unhappy with the decision, you may apply directly to the
Information Commissioner’s Office (ICO) for a decision. The ICO can be
contacted at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
(email: [email address]).

Yours sincerely,

Jan Provost (Freedom of Information and Complaints Manager)

Jan Provost

W: [1]https://www.gov.uk/charity-commission

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RIGA FOI (Queue), Charity Commission for England and Wales

1 Attachment

Dear Mr Harding

STEEP IN NEED CHARITY

Further to my colleague’s email in which it was confirmed that information
relating to your Freedom of Information request had been identified in the
review process.

You had requested in question 3 “an electronic copy of all correspondence
regarding the 'Charitable Objects'  for The Steep in Need Charitable
Trust  between the Charity Commission and Trustees of The Steep in Need
Charitable Trust”. I have attached a copy of this correspondence with some
information redacted; Section 40 (2) of the FOI Act provides that
information is exempt where it is personal information relating to a third
party and disclosure of this information would contravene the principles
of the [1]Data Protection Act 1998. We consider that this information
falls under an exemption from the duty to disclose found in section 40(2).
Section 40(2) also applies to where actions taken can be linked to an
individual by the revealing of that person’s name.

Part of the information we hold has been withheld under s 31(1) (g) of the
Freedom of Information Act 2000. Section 31(1) (g) provides that the
information is exempt if its disclosure would, or would be likely to,
prejudice the exercise by any public authority of its functions for any of
the purposes specified in section 31(2). Such purposes include:

·        ascertaining whether any person has failed to comply with the
law;

·        ascertaining whether any person is responsible for any conduct
which is improper;

·        ascertaining whether circumstances which would justify regulatory
action in pursuance of any enactment exist or may arise;

·        protecting charities against misconduct or mismanagement in their
administration.

 

The information in question was received or held by the Commission in
furtherance of its statutory objectives and the functions as outlined by
sections 14 and 15 of the Charities Act 2011. These include (but are not
limited to) increasing public trust and confidence in charities, promoting
compliance by charity trustees with their legal obligations, identifying
and investigating apparent misconduct or mismanagement in the
administration of charities and taking appropriate remedial or protective
action in connection with misconduct or management therein.

The disclosure of the information requested would be likely to prejudice
these functions. If the details of all communications which may be subject
to regulatory engagement by the Commission are routinely disclosed,
charities, and other parties, would be reluctant to co-operate or enter
into open and frank discussions with the Commission in the course of its
work. In addition, disclosure would prejudice the consideration and
assessment of any regulatory action the Commission might be minded to
take. This would adversely affect the Commission's ability to regulate
efficiently and effectively.

This is a qualified exemption which means that it requires the Commission
to balance the public interest in disclosure against the public interest
of non-disclosure.

In balancing the public interest of disclosure against the public interest
in withholding the information, I have taken into account the factors in
favour of disclosure which includes the need for the Commission as a
public body to be transparent and accountable and to provide assistance to
members of the public as far as possible with regard to the information
held by the Commission about charities. I have also considered the very
considerable public interest in the Commission being able to operate and
regulate charities efficiently and effectively. It is the Commission’s
view that in this instance, the public interest lies in not disclosing the
information.

In question 4 you requested “an electronic copy of all correspondence
regarding the 'Charitable Objects' for The Steep in Need Charitable Trust
between the Charity Commission and any other individual or body, including
but not limited to the Official Custodian for Trustees or the Steep Parish
Council”.

In response to your request we can confirm that, while we hold the
information requested we are unable to disclose it in accordance with
section 40 (2) of the FOIA.

 

Section 40 (2) FOIA provides that personal data about third parties is
exempt information if one of the conditions set out in section (3) is
satisfied, namely whether any of the data protection principles would be
contravened by the disclosure. Under the FOIA, disclosure of this
information, if held, would breach the Data Protection Act where it would
be unfair to that person and/or is confidential.

If you think our decision is wrong, 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 the Charity Commission at PO Box 211,
Liverpool, L20 7YX (email:
[2][email address].)  More information
about our Freedom of Information Act review service can be found on the
following link on our website:  
[3]https://www.gov.uk/government/uploads/sy...

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:
[4][email address].)

Yours sincerely

Anne-Marie Grayling

Charity Services

W: [5]https://www.gov.uk/charity-commission

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On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at www.charitycommission.gov.uk. Remember to file on time and use
our online services.

Want to know more about how we handle your data? See the Charity
Commission’s Personal information charter
https://www.gov.uk/government/organisati...

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