Judgment handed down by Court of Appeal in legal challenge to Charity Commission inquiry opened in 2014

by OrphanCrow 35 Replies latest watchtower scandals

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  wannaexit

  Thank you Orphancrow for all this information

  think this development is inevitable. Every other charity organisation in the UK who works with children has mandatory DBS checks for volunteers. It is outrageous that the Watchtower gets away with ignoring basic child welfare procedures.

  You can only imagine the implications of every elder - and possibly MS - being made to have a criminal records check. How many thousands would just resign rather than reveal their past?

  I wonder if this is the reason for the new theocratic meeting without the word SCHOOL is to avoid these criminal record checks. After all the theocratic ministry school has lots of kids.
  
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  konceptual99

  I think this development is inevitable. Every other charity organisation in the UK who works with children has mandatory DBS checks for volunteers. It is outrageous that the Watchtower gets away with ignoring basic child welfare procedures.
  You can only imagine the implications of every elder - and possibly MS - being made to have a criminal records check. How many thousands would just resign rather than reveal their past?

  The org would argue that the meetings are held in open, public sessions with no specific teaching of children away from their parents. Whilst I would love to see this development as it would have a big impact on the running of congregations as the MS/elder roles become poison chalices and are basic child welfare processes but actually I don't think it does much to safeguard kids. The biggest danger to kids in the congregation is the procedural loopholes that can allow abusers to remain in close contact with kids. That's where the formal investigations coming up can really help force change on the organisation.
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  Vidiot

  cofty - "You can only imagine the implications of every elder - and possibly MS - being made to have a criminal records check. How many thousands would just resign rather than reveal their past?"

  Thus leaving the Org with an even fewer "qualified brothers" able to handle the grassroots administration of the congregations.

  I think the WTS is particularly nervous about this aspect, because without said grassroots administrators, how can order amongst the R&F be maintained (and all that that implies)?
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  DATA-DOG

  Is there any way to explain to Jonathan Sanders how the WTBTS actually scammed the R&F out of all their savings, and now require them local congregations to pay for virtually everything themselves; all the while sending excess funds to the WTBTS?

  What about the disaster relief scam where the WTBTS takes the insurance money of the victims, provides free labor, and pockets the surplus? Then there are hedge-funds and the Convention scams, ect.

  I know the WTBTS can do what it wants to, but what can be done to show their character to Mr. Sanders? Angus Stewart seemed to be well educated as to the general character of the WTBTS. Can we help somehow? Would someone from the ARC help Mr. Sanders?

  I don't know how these things work, but the more educated the investigators are, the better. They need to know about "Theocratic Warfare" and the general mind-set of the WTBTS leaders and higher-ups.

  Any suggestions? I know that we are like a herd of cats around here, but we're pretty damn smart.

  DD
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  OrphanCrow

  The Watchtower says it plans to appeal to the Supreme Court now. They are still kicking and screaming.

  http://www.thirdsector.co.uk/jehovahs-witness-charity-appeal-supreme-court-charity-commission-inquiry/governance/article/1387620
  

  Jehovah's Witness charity to appeal to Supreme Court over Charity Commission inquiry

  16 March 2016 by Rebecca Cooney

  The judges ruled yesterday that the Watch Tower and Bible Tract Society of Great Britain was not entitled to apply for a judicial review into the scope of a statutory inquiry
  The Watch Tower and Bible Tract Society of Great Britain has said it plans to appeal to the Supreme Court after the Court of Appeal ruled it was not entitled to apply for a judicial review into the scope of a Charity Commission statutory inquiry.
  The Court of Appeal handed down a judgment yesterday giving WTBTSB, the umbrella charity for Jehovah’s Witnesses, permission to appeal to the High Court against the scope of a production order made by the commission as part of a statutory inquiry opened in May 2014.
  But it rejected WTBTSB’s appeal to be allowed to seek judicial review of the scope of the inquiry itself.
  After the inquiry into WTBTSB’s safeguarding of children was launched, the charity sought a judicial review of the decision to open the inquiry and of the production order demanding documents from the charity, saying both were too broad in scope.
  This application was rejected on 12 December 2014 because the judge said the case should be taken to the charity tribunal, and an appeal to the tribunal made 10 days later was rejected in March 2015 because it had been made outside the 42-day time limit.
  But WTBTSB argued before a Court of Appeal hearing on 10 February that it should be allowed to have its appeal heard as part of a judicial review, since the first-tier tribunal only had the power to quash enquiries, not to limit the scope.
  A spokesman for WTBSB said yesterday: ""Naturally the trustees are disappointed that the court held that they were not entitled to challenge the scope of the commission’s inquiry by way of judicial review. The trustees have therefore asked the Court of Appeal for leave to appeal to the Supreme Court in order to resolve an important legal principle.
  On the successful element of WTBTSB’s case, he said: "The trustees of Watch Tower Society of Great Britain are very pleased that the Court of Appeal agreed with their key submission. The First Tier Tribunal lacked jurisdiction to determine Watch Tower’s complaint that the Charity Commission’s production order was unlawful."
  The commission declined to comment on WTBTSB’s plan to appeal to the Supreme Court.
  In its response to the ruling yesterday, the commission said it planned to press ahead with its inquiry, but acknowledged that this would be subject to any appeals by the charity.
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  Mephis

  The chances of them being given leave to appeal a unanimous decision written by the Master of the Rolls are slim.

  The DBS check is interesting because it's the specifics of what they're objecting to. Cofty's right, thousands of other organisations do this already. I believe it would even be free for both elders and the WBTS to do this as they are unpaid. But it has significant consequences as it is a criminal offence not to report someone who should be on that list, and it's a criminal offence for both person and those who employ/appoint him if such a person is placed in a role which they shouldn't be in. This is really significant. They'll kick and scream as loudly and for as long as they can over this. It takes accountability all the way to those who approve an elder's appointment. And has the potential to expose a lot of things the WBTS would rather congregations not know about.
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  cofty

  I have experience of how criminal record checks were introduced by The Football Association. There is a cost per check but for volunteers it is a fraction of the full cost. I would have to look it up but I think it's about £12.

  Many volunteer coaches left the game rather than have their old criminal convictions revealed and many more are rejected every year.

  The big challenge is how the check is managed by the organisation. You need people who are authorised to check identity documents and confirm the person's ID on the authority's website. So a lot of local elders would have to register to take that on.

  The person applying for the check then fills in an online form including previous addresses and any other names they have been known as. For working with children an "enhanced" check is required which also looks into local police intelligence and would include any ongoing investigation.

  The Authority then contacts the FA to simply say there is nothing to report or that there are recorded offenses. In the latter case a record of what was revealed is sent to the individual. Notice is given to the FA that there are issues but with no details. This is a requirement of Data Protection. The FA then inform the individual that they have so many days to share the certificate with the FA child protection department or accept permanent suspension from football. If/when the person sends their report to the FA experienced child welfare officers make a decision on whether they are fit to work with children. If for example it was a drunk and disorderly offense years ago then the FA would simply inform the local club that the individual is cleared to work as a youth coach. If they decide the person should not be working with children then the club is informed of that fact but with no specific information.

  So here is my concern. If they are forced to get criminal checks for all elders, who is going to get to see the results and make the decisions? You could end up with foxes guarding the hen house.

  In short it would be a nightmare for the cult. No wonder they are refusing to cooperate.
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  BluesBrother

  Good news! ...Thanks for keeping us informed on this important issue, Orphan Crow
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  Slidin Fast

  Bear in mind that Lord Dyson, Master of the Rolls was a Supreme Court Justice and is the third most senior judge in the land they are going to need a damn fine argument to overturn his decision. Also, they need leave to appeal this decision from the Court of Appeal and that is itself no slam-dunk.
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  Mephis

  Quoting is screwy again.

  But in short, it would cause WBTS problems because it introduces accountability and criminal penalties into how some aspects of their child safeguarding policies are implemented. Not just at a local level, where local elders can be left to hang if it suits HQ, but also at circuit overseer and branch level too. Because the holy spirit sure as hell isn't going to be reading and writing DBS reports.

  On cost, most volunteers get the check done for free. https://www.gov.uk/guidance/dbs-check-requests-guidance-for-employers#volunteer-applications