Is indirect public benefit through savings to the taxpayer enough to meet public benefit requirements?
Indirect public benefit is not enough on its own to ensure charitable status. There are many reasons (see below) which support the charitable status of independent schools, of which indirect public benefit, though a very large benefit, is only one. Savings to the taxpayer, however large, will not be enough on their own to make a school (or hospital, or retirement home) charitable. Q. Should there be a statutory definition of public benefit on the face of the Bill? The Charity Law Association is strongly against a statutory definition because it wants interpretation of public benefit to develop organically through case law, rather than to be set out inflexibly in statute. This is also the view of the majority of evidence given to the Joint Committee of Peers and MPs. The view of the Charity Law Association is that no statutory definition would even remotely be able to encompass the enormous range of charitable activity: such a definition would be unworkably long and would itself need to
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