Question:

The Human Dignity Trust has indicated that it will appeal to the First-tier Tribunal (Charity) following
refusal by the Charity Commission to register HDT as a charity.
Discuss critically HDT's Chances of a Successful Appeal
Introduction: Discuss purpose and overall aim of essay, how aim will be achieved (by
discussing/showing what?)
Body 1: Discuss what the HDT is, What the Charity Commission is, and what the First-tier
Tribunal is, then lead into body 2.
What is the Human Dignity Trust?
As of 2014, over 80 jurisdictions including about 80% of the 53 Commonwealth countries
have laws criminalising private, consensual sexual conduct between adults of the same
sex, making the expression of their identity illegal and punishable by imprisonment or even
death.

Criminalising someone on the basis of their identity whether that is gender, ethnic or
sexual identity is a breach of human rights.

The Human Dignity Trust works for the decriminalisation of consensual, private same-sex
sexual conduct between adults through the application of settled, existing human rights law.

The criminalisation of identity is a violation of the rights to privacy, dignity and equality
protected in international human rights and constitutional law. The Trust seeks to have these
laws upheld and respected.

The Human Dignity Trust works alongside local and regional partners to support people
affected by criminalisation by assisting them and their lawyers bring cases which will
challenge a countrys criminal laws. This litigation will take place before national and, if
necessary, international courts and tribunals.

What is the First Tier Tribunal?

Tribunals are specialist judicial bodies which decide disputes in particular areas of law.
Appeals to tribunals are generally against a decision made by a Government department or
agency. The exception to this is the Employment Tribunal where cases are on a party v party
basis (i.e. employee versus employer).
There are tribunals in England, Wales, Scotland and Northern Ireland covering a wide range of
areas affecting day-to-day life. HM Courts & Tribunals administers many of them although
some are the responsibility of the devolved governments in Scotland, Wales and Northern
Ireland.
Appeals to the First-tier Tribunal are against the decisions from government departments and
other public bodies. The Upper Tribunal hears appeals from the First-tier Tribunal on points of
law i.e. an appeal made over the interpretation of a legal principle or statute. Further appeals
may be made, with permission, to the Court of Appeal.
Tribunal judges are legally-qualified. Tribunal members are specialist non-legal members of the
panel and include doctors, chartered surveyors, ex-service personnel or accountants. Tribunals
often sit as a panel comprising a judge and non-legal members however in some jurisdictions

cases may be heard by a judge or member sitting alone.

Tribunals adopt procedures that are less complicated and more informal than those typically
associated with the courts.

What is the Charity Commission?

The independent government department which registers and regulates charities in england and
whales

Role is to ensure that the public can support charities with confidence.

Aims
make sure that:
Charities know what they have to do
The public knows what charities do
Charities are held to account

We regulate charities in a number of ways, including:

only granting charitable status to organisations that can demonstrate they meet the criteria
for being a charity
ensuring charities meet their legal requirement to provide information on their activities
each year
making searchable information about each registered charity widely available
providing online services and guidance to help charities run as effectively as possible
taking timely and decisive action when there is malpractice or misconduct

Body 2: Discuss what the criteria are for being considered a valid charity and relevant case
law/statutes, while making comparisons to the HDT, discuss on what grounds they were refused
Body 3: Discuss the appeals process, and relevant case law/statutes including successful and
failed appeals, again relating HDT to each and exploring the chances of a successful appeal
Conclusion: Re-summarize purpose and aim. Discuss how purpose/aim has been attained by
showing/discussing what has been discussed. Close.