Disqualification from being a charitable trustee based on social media comments (Mond v Charity Commissioner for England and Wales)
Private Client analysis: The case concerned an appeal by the appellant (‘Mr Mond) from an order of the Charity Commissioner for England and Wales (‘the Commission’) disqualifying Mr Mond from being a charity trustee or trustee of a charity. This was in exercise of the Commission’s powers under section 181A of the Charities Act 2011 (CA 2011). CA 2011, s 181A gives the Commission power to disqualify a person from being a charitee trustee or trustee of a charitee in relation to all charities or in relation to such charities or classes of charity as may be specified. The basis of Mr Mond’s disqualification had been four social media posts. In allowing the appeal, the tribunal considered the nature of the social media posts, the conduct of Mr Mond and his rights to freedom of expression under Article 10 of the European Convention on Human Rights. Written by Lynne Counsell, barrister at Addington Chambers.