Registration applications and casework handled by the Charity Commission for Northern Ireland could take “longer than usual” over the next few months as it deals with the fallout from a landmark court ruling, the regulator has warned. 

The CCNI said the timescale for organisations waiting for confirmation from the commission to begin their registration application had been extended to two months.

Timescales have increased primarily due to the loss of a “few experienced members of staff” and the ongoing impact of the February 2020 Court of Appeal ruling in the case of McKee and Others v Charity Commission for Northern Ireland. 

“As a result of the ruling, all registration and casework decisions must be made by commissioners (known as a Schedule One committee),” the regulator said.

The February 2020 judgment addressed a technical point of law, namely that all commission orders and decisions should have been made by the commissioner’s board or a committee to include commissioners with delegated authority, rather than commission staff following manuals approved by commissioners, the regulator said

“While the judgment did not relate to the reasoning behind any decisions made, it did have significant implications for past decisions and on how the commission operated going forward,” the regulator said.

“For example, the judgment rendered just over 7,200 orders, directions and decisions taken by commission staff unlawful and further prevented commission staff from performing functions under the 2008 legislation.

“While a permanent solution was sought, the commission’s work and oversight of the charity sector continued with adjustments made to commission procedures to comply with the court judgment.”

At the time, this meant that, while some commission decisions were delayed and the volume of decisions made temporarily reduced, work on applications, requests and queries was – and is – ongoing, the regulator said.

But delays could continue for a “number of months” as the regulator continues to resolve the situation.

A spokesperson for CCNI said: “A permanent solution to this issue is being sought with the Department for Communities having undertaken a public consultation on a prospective scheme of delegation for the commission.

“The making of a scheme would allow some decision-making functions to be delegated to staff, as they are in other jurisdictions, increasing the regulator’s capacity to make decisions

“In the interim, temporary procedures are in place to ensure registration and casework decisions can be taken in compliance with the judgment.

“This means that registration and casework have continued, but the volume and speed of decisions has been temporarily reduced.”

The regulator said organisations with special circumstances which mean they are disadvantaged due to waiting times can contact the commission to request a call forward for early registration or to deal with their applications as a priority.

“The commission may seek evidence of any such special circumstances, for example, a letter from a potential funder insisting on charity registration within a tight timeframe,” the regulator said.