Charity Tribunal Questions Its Own Jurisdiction in Appeal Over Relatives for Justice Regulatory Decision
The Charity Tribunal for Northern Ireland has raised serious doubts about whether it has the legal authority to hear an appeal brought by two women against a decision by the Charity Commission for Northern Ireland relating to the charity Relatives for Justice Limited.
Pauline Fitzpatrick and Tina Barrett filed their appeal on 28 April 2026, challenging what they described as a response from the Charity Commission dated 1 April 2026 to findings from the Victims Commissioner. The Commission subsequently clarified that its decision amounted to issuing self-regulatory guidance to Relatives for Justice Limited following three concerns raised about the organisation.
Tribunal President D. McMahon issued directions on 19 May 2026 noting that only specific categories of Commission decisions, listed in Schedule 3 of the Charities Act (Northern Ireland) 2008, can be appealed to the Tribunal. The decision to issue self-regulatory guidance does not appear to fall within those categories. A separate review mechanism exists under the same legislation, but the appellants have not made an application under that route, and the Tribunal indicated there is no current basis to do so.
The Charity Commission's legal adviser met with the appellants on 13 May 2026 and advised them that the subject of their appeal was not appealable to the Tribunal under the Act. Despite this, the appellants indicated they wished to continue with their case.
The Notice of Appeal included statements from eight additional individuals: Hilary Hinds, Louisa McKee, Louise Concannon, Marie Fennell, Róisín McAliskey, Gerry Armstrong, Áine McCabe, and Jim McCabe. The appellants noted in correspondence that Fitzpatrick, Áine McCabe, and Tina Barrett make up the concerns raised against Relatives for Justice Limited, and that the three statements submitted with the Notice of Appeal were not previously lodged with the Commission.
The appellants also disputed factual details in the Tribunal's earlier directions, stating that 10 concerns - not three - had been lodged with the Commission, and that Áine McCabe is a complainant rather than merely an accompanying person. The Tribunal acknowledged these factual errors and apologised, while noting they do not affect the central jurisdictional question.
The Tribunal has given the appellants 14 days to set out the legal basis for their appeal, identify their standing under the relevant schedule, specify the precise decision being challenged, and confirm whether they are the only appellants. The Tribunal has strongly urged both appellants to seek legal representation experienced in Northern Ireland charity law. It has also warned that the appeal may be struck out or dismissed if no reasonable grounds are established or if the appellants fail to comply with the directions, subject to them having an opportunity to make representations beforehand.