Charity Commission for England and Wales

The complainant has requested the Charity Commission (CC) to disclose a list of charities that have a dispensation where the names of all of their trustees are withheld from the public Register of Charities. CC refused the request citing sections 38 and 40 of FOIA. The Commissioner’s decision is that section 40 of FOIA applies to the requested information for Charitable Companies. However, for Charitable Incorporated Organisations (CIOs), Charitable Trusts and Unincorporated Charitable Associations, both sections 38 and 40 of FOIA are not engaged. CC is therefore required to disclose the requested information for all CIOs, Charitable Trusts and Unincorporated Charitable Associations to the complainant.