Action Now

What you can do now

1. Complain to the Trustees

Note that the stated aim of the Trust is  : 

THE PROVISION AND MAINTENANCE OF A COMMUNITY HALL FOR USE BY THE INHABITANTS OF THE AREA OF BENEFIT WITHOUT DISTINCTION OF POLITICAL, RELIGIOUS OR OTHER OPINIONS, INCLUDING USE FOR; A) MEETINGS, LECTURES AND CLASSES, AND B) OTHER FORMS OF RECREATION AND LEISURE-TIME OCCUPATION, WITH THE OBJECT OF IMPROVING THE CONDITIONS OF LIFE FOR THE INHABITANTS.

Email your complaint to NSCHTrust@gmail.com. You need to do this before contacting the Charities Commission

Whatever response you get, please forward the response to hello@savenebyandscalbyhall.org

2. Complain to the Charities Commission

Follow these steps

1. Go to https://forms.charitycommission.gov.uk/Raising-Concerns/

2. Press the continue button and then select YES to Does your question or query relate to a specific registered charity?

3. Search for Newby and Scalby Community Hall Trust. The one you want is number 121333

4. On the screen 'Select the type of concern' choose the last one about serious non-compliance

5. The next part is the important bit where you outline your concerns. We've given our response below, but please use your own words. If you're editing it to fit 2000 characters it can be useful to use Copilot, ChatGPT or another tool to suggest a draft that fits.

6. Next give your consent

7. Finally explain what steps you've taken to contact the Trustees. See above

8. Complete the final questions and submit

 

This is our submission

1. Executive Summary

This is an urgent request for regulatory intervention regarding a proposed disposal of charity land by the Trustees of the Newby and Scalby Community Hall Trust. The Trustees intend to sell the Newby and Scalby Community Hall—which constitutes Designated Land under charity law—without the required statutory public notice or a Charity Commission Scheme. This constitutes a critical failure of their fiduciary duties to act in the best interests of the charity and its beneficiaries.

2. Background and Context

In 2008, Scarborough Borough Council transferred the Newby and Scalby Community Hall, a disused bowling green, and a car park to the Trust free of charge. This asset was explicitly transferred as Designated Land, to be held on trust for the purpose of providing a community facility. For nearly two decades, the building has successfully fulfilled its charitable objects, hosting vital public events and classes.

3. Specific Regulatory Breaches

Non-Compliance with Section 121 (Charities Act 2011): As designated land, the Trustees do not possess an absolute power of sale. Because the asset is not being replaced, the disposal requires a Cy-près Scheme approved by the Commission. Furthermore, the Trustees have failed to give the statutory Public Notice or allow for the legally mandated period of public representation.

Failure to Act in the Best Interests of the Charity: Under statutory guidance CC28, a disposal must be in the charity's best interests. Liquidating the physical infrastructure of the charity without public consultation or alternative provision fundamentally fails this test.

Breach of Fiduciary Duty: By prioritizing commercial liquidation over the delivery of community services, the Trustees are failing to manage the charity's resources responsibly (per statutory guidance CC3), bringing the wider charitable sector into disrepute.

4. Remedy Requested

To prevent an irreversible loss of community infrastructure, we urgently request that the Charity Commission:

Issue an immediate order to halt the disposal of the land and buildings pending an inquiry.

Direct the Trustees to comply with statutory Public Notice requirements.

Review whether the current Trustees are fit to hold office, and if necessary, install a new Board capable of managing the asset in accordance with its original charitable purposes.

3. Email Alison Hume - MP

Email her at alison.hume.mp@parliament.uk outlining your concerns in your own words.

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