You are: Home » Public Affairs » Public Benefit

Public Benefit

Meeting the charity test

A summary of what's happened so far...

In July 2007, the Office of the Scottish Charities Regulator (OSCR) announced that the first independent school to be reviewed under revised Scottish charities legislation, High School of Dundee, met the charities test. In October 2007, ten other independent schools were selected by OSCR to be reviewed (Rolling Review Phase 1a) and the results were announced in October 2008. Six passed the test with a clean bill of health while four were given more time to demonstrate the public benefit they provide. 

In November 2009, SCIS was delighted to hear that OSCR approved the plans submitted by Hutchesons' Grammar School, Lomond School, Merchiston Castle School and St Leonards School on how they will meet the Charity Test. The schools were advised by OSCR in October 2008 to draw up plans by October 2009 to indicate how they will meet the public benefit requirements of the Charity Test. They have two years to implement their plans. In February 2010, OSCR published a short report giving information about the progress that charities which were issued with Directions had made. See the link, right, for more information. Additionally, Cargilfield School was reviewed under Rolling Review Phase 1b. 

In November 2011, OSCR announced that those four schools that submitted plans had met the charity test and will remain on the Scottish Charity Register.

In December 2011, OSCR confirmed that Cargilfield School had also met the charity test.

SCIS is delighted that all the schools that have been reviewed to date have been able to demonstrate their charitable purposes and their commitment to public benefit.

For further information, please see the Press Releases page of this website and OSCR's reports (Rolling Review Phase 1a and 1b) via the links, on the right.   

The schools that have passed the charity test are:

1. Donaldson's, Linlithgow  
2. George Heriot's School, Edinburgh 
3. Glasgow Steiner School
4. Gordonstoun School, Moray 
5. High School of Dundee 
6. Regius School, Edinburgh 
7. St Mary's Music School, Edinburgh
8. St Aloysius' College, Glasgow
9. Merchiston Castle School, Edinburgh
10. Lomond School, Helensburgh
11. St Leonard's School, St Andrews
12. Hutchesons' Grammar School, Glasgow.
13. Cargilfield School, Edinburgh.

Demonstrating Public Benefit

SCIS is confident that schools across the sector will be able to demonstrate their case to the Regulator. Many independent schools are built on a charitable foundation and are keenly aware of their charitable roots. They have a deep and active commitment to public benefit. They welcome pupils from a broad social spectrum and are widely respected for the high standard of education they provide. Independent schools make a significant contribution to the education, the economy and social fabric of Scotland.

John Edward, Director of SCIS says, "In terms of the charities legislation, the schools have to demonstrate that they exist for a charitable purpose, namely the advancement of education, and that they provide benefit. OSCR has to determine whether the fees charged constitute an unduly restrictive condition - the schools aim to keep their fees as low as possible, whilst maintaining standards, and are as generous as their funds will allow in extending financial assistance to those who cannot afford the full fee. The schools appreciate their responsibilities as charities and should be well prepared to meet the charity test."

Did you know...?

• Independent schools are deeply committed to the advancement of education
• They have a long tradition of charitable giving and of service to the community
• It is legitimate for a charity to charge fees, provided that the level of fees can be justified
• No school, or individual in a school, makes a personal gain or profit - any surplus is used to benefit pupils
• Education in the independent sector is accessible to pupils from diverse social, economic and cultural backgrounds
• The teaching expertise is widely shared (e.g. through student teacher placements, probationers, markers, writers for exam boards etc) and the facilities are widely shared with the local community groups
• Widened access is provided in terms 1) means-tested financial assistance to enable children to attend whose families would not otherwise be able to afford the fees and 2) initiatives that give local youngsters who are not pupils at the school an opportunity to benefit from the school and its educational resources   
• Independent schools distribute £32 million a year in means-tested financial assistance
• The independent sector educates almost 32,000 pupils, which saves the public purse £165 million a year (a conservative estimate)