Question to the Department for Digital, Culture, Media & Sport:

To ask Her Majesty's Government what assessment they have made, if any, of whether the Charity Commission can use the Freedom of Information Act 2000 to refuse to disclose to a complainant the regulatory advice given to a charity under section 15 of the Charities Act 2011, following investigation of that complaint.

As with all public authorities, the Charity Commission works in accordance with the Freedom of Information Act 2000 and releases requested information unless there is good reason not to.

The Charity Commission responds to requests under the Freedom of Information Act 2000 on a case-by-case basis. It can refuse to disclose information if, for example, under Section 31 of the Freedom of Information Act 2000, it would be prejudicial to the Charity Commission’s functions and not in the public interest to disclose.

An internal review procedure is available in cases where the Charity Commission has refused to disclose information under the Freedom of Information Act 2000. If the individual requesting the information remains dissatisfied with the Charity Commission’s final decision they can make a complaint to the Information Commissioner.