Joseph Clayton v Charity Commission for England and Wales

1. Schedule 6 of the Charities Act 2011 details the decisions, directions and orders which may be appealed to this Tribunal, either by way of an appeal or a reference.

2. In the Registrar’s directions of 4 th September 2025, the Appellant was informed that his appeal or reference may be struck out under Rule 8 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 should he fail to comply with the directions. Those directions required the Appellant to state the provision under the Charities Act 2011 , Schedule 6, columns 1 and 2, that he considers give rise to the Tribunal having jurisdiction to hear his appeal or reference. The date for complying with those directions was 19 th September 2025.

3. On 16 th September 2019, the Appellant submitted a completed GRC5 form, which indicated that an extension of time was being sought. However, the application provided written representations in opposition to any potential striking out of his appeal or reference. The Appellant submitted that the matter should not be struck out as the Financial Return for the charity concerned, namely Tilmanstone Miners Welfare Institute and Recreation Ground (registered charity 302739), for the years 2022 and 2023 had been produced in a manner which he submits was not in accordance with the Respondent’s guidance. However, the Appellant had provided the Tribunal with a letter from the Respondent, dated 12 th June 2024, which explained that they had investigated the concerns that he had raised, but having investigated to the extent that was felt necessary, the charity trustees were issued with regulatory advice and guidance. It is noted in that letter that the Appellant is listed trustee of the charity, and as such, he would be able to see a copy of that letter. That letter concluded in stating that the Respondent would be “…closing our case into the matter, and unless further information comes to light that changes the circumstances, will not be taking further action.” . This is the decision of the Respondent which the Appellant now seeks to appeal.

4. It does not appear to me that this is a decision, direction or order that is listed in Schedule 6 of the Charities Act 2011 , and as such I do not consider that the Tribunal has jurisdiction to hear any appeal or reference in relation to it. Nevertheless, the Appellant was provided with an opportunity to state under what provision his appeal or reference is challenging, but he has failed to do so and consequently has failed to comply with the Registrar’s directions. Additionally, the appeal was submitted to this Tribunal on 7 th March 2025 and is, in any event, out of time.

5. The appeal is struck out under Rule 8(3)(a) for failing to comply with the Registrar’s directions. Signed: Date: Judge Armstrong-Holmes 10 th December 2025