Scotland's charity regulator has decided not to take the Scottish Appeal Panel to the Court of Session over St Margaret's adoption agency
Scotland’s charity regulator will not challenge the decision to reinstate the charity status of St Margaret’s adoption agency in the Court of Session.
The Office of the Scottish Charity Regulator (OSCR) has said that it will stand by the decision of the Scottish Charity Appeal Panel (Scap) meaning St Margaret's Children and Family Care Society can continue as a charity.
Where a body operates a restriction on the provision of benefits which breaches equalities law this will ordinarily be regarded by OSCR as an undue restriction
OSCR, however, has criticised elements of the appeal panel ruling, describing it as “difficult to follow”.
It has stressed that the SCAP decision does not mean that charities can unlawfully discriminate against individuals or groups of people.
In January the appeal panel announced its decision to overturn OSCR’s earlier ruling that the Catholic adoption agency was in breach of equality law for refusing to support same-sex couples.
OSCR argued that as St Margaret’s barred unmarried couples from using its service it was unlawfully discriminating against same-sex couples, who are not able to marry.
The regulator conceded that part of its decision not to challenge the Scap ruling now was the recent passing of the equal marriage bill in the Scottish Parliament.
However, in explaining its decision, OSCR has also stressed that organisations that unlawfully discriminate against people cannot be classed as charities.
“Having carefully considered SCAP’s findings in fact and law and taking into account all the relevant circumstances in this case, OSCR has decided not to appeal to the Court of Session against their decision,” a statement on the OSCR website reads.
It goes on to argue that when assessing whether an organisation meets the charity test, OSCR will consider the balance of public benefit and any disbenefit that the organisation’s activities lead to.
If the regulator considers the disbenefit to individuals or groups to be unduly restrictive, it will not grant an organisation charity status.
“Where a body operates a restriction on the provision of benefits which breaches equalities law this will ordinarily be regarded by OSCR as an undue restriction,” OSCR states.
The regulator also defended its decision to launch an investigation into St Margaret’s after just a single complaint from the Scottish Secular Society.
It stated: “As the charity regulatory, where we become aware that a charity may be operating in a way that may be unlawful, and which may call into question whether it meets the charity test, it is proportionate for us to make further inquiry to find out whether, considering all the circumstances in the case, these concerns are borne out.”
OSCR’s full response to the decision can be read on its website.
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