Not so much about “religion” as about charity law and what happens when the Charity Commission refuses to act on serious allegations of mismanagement…

Atwal & Anor v Charity Commission for England and Wales [2024] EWHC 3451 (Ch) was an application under s.115 Charities Act 2011 for the permission of the Court to bring charity proceedings relating to the Sikh Gurdwara in Wednesfield, Wolverhampton, the Charity Commission having refused to do so [1]. The Commission had refused on act in the matter on the grounds that

“(a) further efforts should have been made to pursue ADR [Alternative Dispute Resolution] before pursuing expensive litigation; and (b) that the Commission has all the necessary powers to take action against the proposed defendants and the Court should allow the Commission to do its job” [3].

The claimants were concerned about the trustees’ management and control of the Gurdwara and its funds: they pointed to a failure, “going back years”, to register it as a charity and to breaches of duty, including failures to provide accounts and allowing private benefits to accrue to the trustees or persons associated with them [6]. The claimants also said that 85 percent of the members of the congregation wanted the trustees to be removed – which the defendants disputed [7]. Continue reading →