Recent Charity Commission letter to the SNU in respect of

The Spiritualists' National Union v West

cc: Kevin West

I have pleasure in making the following available.  This letter makes very interesting reading.  Please study it carefully.  I apologise for not uploading it sooner on the Waterloo Web.  It seems the SNU has a lot of questions to answer...

Philip White (Lawyer)
Charity Commission
2nd Floor
20 Kings Parade
Queens Dock
Liverpool
L3 4DQ

7th December 2001

 Dear Mr. Gilby (SNU Solicitor)

THE SPIRITUALIST NATIONAL UNION v WEST

Your letter dated 4th October 2001 asks for an order under s33 Charities Act 1993.  The Waterloo Spiritualist Church is not registered as a charity in its own right and it is not clear that any proceedings relating to it would be charity proceedings, if and in so far as its administration and the matters in dispute in this case fall to be regulated by the particular trusts upon which the property is held.  We do not have a copy of the 1989 conveyance or of any other documents which may evidence trusts.  But it does seem clear that the property is not beneficially owned by the SNU and is rather held for the purposes of a body which we understand from the pleadings is affiliated to it.  Whether or not the terms upon which it is held are such that as to impose trust for charitable purposes (see s97(1) Charities Act 1993) is not something which can be clearly determined on the information we have.  To assist with that determination, I think we should need to see: -

*   The founding document and records of the church in 1937

*   Copies of the governing document of the body to which the Waterloo Church became affiliated as at the date of affiliation in 1942 and of relevant documents (including those demonstrating affiliation) contemporary with that and on the transfer of assets to the SNU

*   A copy of the conveyance or transfer in 1989, and any relevant contemporary documents.

It is stated that by way of constitution the church adopted the SNU rules for affiliated churches.  I should like to know how that was done in conformity with the above provisions.

The Spiritualists' National Union is currently registered as a charity (under number 261898) and therefore presumed charitable (s4(1) Charities Act 1993).  As well as an object to promote the advancement and diffusion of a knowledge of the religion and religious philosophy of Spiritualism (which is a form of objects upon which I have commented elsewhere), it has an object to unite Spiritualist Churches in federal or other union.

It cannot be assumed that bodies for which the SNU acts as trustee under clause 3(h) of its memorandum of association or otherwise are themselves charities.  Indeed article 50 of the current form of articles of association makes it clear that the terms upon which property and assets are held are to be gathered first from the instrument under which the body was created.  In the case of an unincorporated association, such as a Spiritualist Church, it is perfectly possible for some non-charitable body to have been established and then affiliated.  The question of each church has to be considered individually in its own circumstances.

Affiliation to the union is not determinative of status.

Incidentally, I recently saw the representation made in support of an amendment to the articles of association proposed by the National Executive Committee of the SNU last June to the effect that the right of a church to disaffiliate is considered by the Charity Commission to be detrimental to the claim of the SNU and its affiliated churches to charitable status.  This does not make sense to me and should be grateful if the source and context of that view could be quoted.  If the amendment was made in reliance on this representation, then further questions should be asked.  I have asked staff here to look into this.

Assuming for the purposes of this letter that the Waterloo Spiritualist Church is established for charitable purposes only for the public benefit, disputed questions of who is entitled to be a member or an officiant or regarded as the President of the church and who, under its constitution, is entitled to control its property and assets would fall within the understanding of charity proceedings.

Whether or not the Waterloo Church is a charity, disputed questions on matters to do with the SNU (which is) and the propriety of actions taken in purported reliance on article 16 (terminating an individual's membership of the SNU) would similarly be charity proceedings.

It does seem a disproportionate outlay of funds to finance a High Court action in relation to assets which cannot, surely, be valued in a sum which would meet costs and leave much over to continue the work of the charity.

Notwithstanding, you will, however, see from what I write in this letter that there are questions to be asked and answered about affiliated churches and the treatment of them and its members by the SNU.  I understand we offered to meet the SNU so these issues can be clarified for us.

I am sending a copy of this letter to the Treasury Solicitor, in view of the interest of the Attorney General.

I am also sending a copy of this letter to Keenan, Benjamin & Kay, and to the SNU's solicitors in Darlington, Latimer Hinks, with whom I had some correspondence last year on the matter of charitable status of objects directed to promoting a philosophy or view of life and whether or not spiritualism without further ado signifies a religion.
 

Yours sincerely
 

PHILIP WHITE
 

(( KW:  "Oh dear..." ))
 


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