OSCR REGULATIONS ON CHARITY MISREPESENTATION

OSCR REGULATIONS ON CHARITY MISREPESENTATION

Companies such as RBS, BAA, Scottish Foundation Trust, Finnies, Budge Trust, Asda Foundation, Jasmine Holdings, Get2eye and many more have been taken down off the inchgarth community centre website over the last few weeks, this seemed at first very strange but now new information has started to reach us at our HQ here in the Northeast of Scotland that perhaps suggest the very people that have supported this centre over many years may have been let them down very badly indeed by inchgarth themselves.

On or around the 22nd of November 2012 BAA / Aberdeen International released a press statement stating that inchgarth community centre was to get their 50 grand giveaway and its inchgarth chairman and BAA Communications team wasted no time in telling our local and national press this statement as follows:

 

Inchgarth scoops BAA £50,000

07 December 2012

 

An Aberdeen community centre is set to benefit to the tune of £50,000.

Inchgarth Community Centre has been announced as the winner of the Aberdeen Airport Trust Challenge Fund 2012. Members of the Airport Community Panel were on hand at a special meeting of the centre’s membership last night to give them the good news and hand over the cheque.

The donation has been identified to completely regenerate a part of the centre, build a new café, homework and meeting zone, and improve the reception area, allowing the group that runs the centre to open their doors to more of the community.

The vision of their project is to create a learning café and hub which will become the first point of contact with every user. The entire ethos is to enable, educate and train people with disabilities, young people, people with mental health issues and retired people to fulfill their potential and improve the quality of their lives while providing an environmentally positive product and sustainable facility.

The centre in Garthdee in Aberdeen was selected as winner of what is known as the “50k give-away” after a rigorous selection process which saw a record number of applications. The panel of judges was looking for a project or detailed one-off initiative which took the opportunity to make a dream come true for the community.

Sarah Campbell is chair of the Community Panel. “Being able to make this announcement in front of so many people last night was incredibly satisfying. The decision to award Inchgarth this donation was made by an independent panel – all of whom agreed that a donation of this size would make a world of difference to this centre. We are all looking forward to seeing the changes taking shape and watching while the surrounding communities really start to feel the benefits of this award”

Paul O’Connor is from the Community Centre. He said “This is the single largest donation any company has given our community centre, maybe even any Aberdeen community centre – and it is among the largest donations to a charitable association in the city this year. It will make a long lasting difference and change many lives and we cannot express our thanks strongly enough to the Airport Community Panel.”

The donation announced today marks the end of an exciting year for the Aberdeen Community Panel, which has given a total of £80,000 to local charities or groups over the past 12 months.

Work is due to begin on the Inchgarth project at the start of 2013.

  • As you can clearly see inchgarth claimed “ it is among the largest donations to a charitable association in the city this year
  • Inchgarth is NOT a registered Charity, they do NOT have an OSCR Registration number SC?
  • Inchgarth has never even applied for Charitable Status Ever!
  • Mr O’Connor holds an MBE award from the Queen and states the community centre he runs and is manager of has Charitable Status when it has never even applied for it in its history maybe guilty of misrepresentation under OSCR regulations 2005/06?
  • Why did no other member of inchgarth’s MC raise this issue?
  • Andrew Murray-inchgarth treasurer and long term partner to the inchgarth chairman must have known the true charitable status of inchargth why did he say nothing?
  • Why did local garthdee elected councillors not ask questions when this press release was issued by BAA which was later published on the official council website?
  • What steps will the new council administration take to stop others from following this bad practice in community management from being allowed to happen again.
  • What sanctions will be placed on inchgarth in the future for claiming to be a charity association when clearly the opposite is true.
  • How many sponsors of inchgarth in the past has donated monies and been hoodwinked into false hood and perhaps claimed tax relief on its paid inchgarth donations?
  • Was this the reason they asked for their information to be taken off the inchgarth site so quickly!
  • Aberdeen City Council has just given this centre a ten year lease at the end of last month, we ask why since it was known OSCR offences happened on the 23rd of November 2012, why did the council turn a blind eye to what maybe a serious breach of public trust?
  • Every person connected with that centre has a duty of care including the MC, they must have known wrong information was being made public regarding their actual OSCR status?
  • If its proven the said chairman has hoodwinked others how can he be allowed to hold office or in other directorships held in and by other council bodies?
  • Fire regulations forbid corridors from being used as rooms incase of fire and smoke what are they saying about these plans, has any risk assesments taken place yet or sought?
  • WHAT OSCR REGULATIONS STATE (SECTION 31-5), A person who, without reasonable excuse, refuses or fails to comply with a direction under section 31(5) of the 2005 Act is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000) or imprisonment for a period not exceeding 6 months, or to both. 
  • OSCR can give a direction under section 31(5) or (8) (for a person or body to cease misrepresenting as a charity and pay back ALL monies obtained as a result of that misrepresentation) OUCH!

BAA CLAIMS IT WAS A –

Rigorous selection process!

So rigorous in fact they have no idea whether they were donating to a group or registered charity, rather important one might say as if they gave to a charity they could and would have claimed part of the 50 grand donation as charity tax relief, but cant now because inchgarth is not a charity after all, who was responsible for this PR Disaster in the making, whoever it was should not be allowed back!

This whopper of a mistake has cost other charities a share of around £15,000

Now BAA has been put in a terrible position as inchgarth is desperate to change the dream come true into a reality that now includes a lavvie refurb job how can it get any worse for BAA as there was no mention of this aspect in the first press release it seems they are both making it up as they go along!

In any case what is ACC doing if the toilets are in this much disrepair why are they even open to the public now and why is ACC not doing most of these works themselves, why is a business getting mixed up with another businesses internal structural problems unless they thought inchgarth was indeed a charity, confused maybe but not as bad as inchgarth and BAA are in now?

Hot on the heals of these big name sponsors are two elected councillors one past(J Wisely) one present (I Yuill) its seems in the timeline of things they were first to jump off the sinking ship).

If they are found in breach of section 31 they may have to pay back all monies that would leave them in a dark place and it would be their own faults!

The biggest question is now this was BAA aware that inchgarth was NOT a registered charity before the award was made?

And if they knew they were not, Why did BAA allow inchgarth to claim they were a charity in their press release makes no sense at all?