A High Court judicial review is to take place today to challenge the Charity Commission’s “highly contentious” and “deeply flawed” report into the running of defunct children’s charity Kids Company by its former trustees and late founder Camila Batmanghelidjh.
Kids Company’s closure and the running of the charity had became the subject of a long running legal battle in recent years after the Official Receiver sought to disqualify Batmanghelidghj and the charity’s trustees from being company directors.
In 2021 they were cleared by the High Court with Mrs Justice Falk saying the charity’s leaders were "a group of highly impressive and dedicated individuals who selflessly gave enormous amounts of their time”.
Despite this “clear judicial vindication”, a year later the Charity Commission “shockingly” released a report criticising the running of the charity, according to former trustees and supporters of Batmanghelidjh.
They say that the regulator’s report “appears to have been predetermined prior to the High Court's ruling, directly contradicting the court's findings. This represents a blatant disregard for the High Court’s Judgment”.
Former chair of trustees at Kids Company Alan Yentob said: “This Judicial Review marks a critical juncture for regulatory accountability in the UK.
“When a regulatory body appears to disregard comprehensive High Court findings, it undermines confidence in the very foundation of our legal system and the principles of justice.
Batmanghelidjh had long denied blame for the collapse of the charity, saying in 2017 that the charity’s team “were not responsible for the closure of Kids Company. Not at all, and I’m being absolutely clear about that”.
Yentob added: “The Commission's actions not only perpetuate injustice against those vindicated by the courts but also sow deep uncertainty throughout the charitable sector.
“If judicial exoneration provides no protection against ongoing regulatory criticism, who would be willing to serve as a charity trustee?
"We are pursuing this case not only to set the record straight for Kids Company but also to ensure that regulatory bodies operate with transparency, fairness, and respect for judicial findings, as the public rightfully expects.”
A Charity Commission spokesperson said: “We will robustly defend the findings and conclusions of our inquiry into Kids Company at the High Court.”
Celebrity backing for review
Celebrities, including Coldplay’s Chris Martin, the actor Joanna Lumley, along with Yentob, published a letter in The Guardian this week calling on the regulator to amend its report.
The letter said: “The Charity Commission’s report raises serious concerns about regulatory ethics and impartiality.
“The report inaccurately depicts the reasons for Kids Company’s closure, abjectly failing to acknowledge the harmful impact of unfounded allegations and external pressures on the charity.”
During its peak, Kids Company had a 600-strong team of staff, including psychiatrists, psychotherapists, social workers, and educators. It was supported by 10,000 volunteers and operated in ten community centres and had partnerships with 48 schools.
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