City council undertakes governance review of charity amid regulator concern

It also warned the council against causing reputational damage to the charity.

Local campaigners have disputed plans to expand a school onto the park with a land swap for new parkland elsewhere.

Objectors advised by the former Senedd member Rhys ab Owen have asked the commission to intervene.

In a letter to him, Christine Barker, the Charity Commission’s head of regulatory authority, said: “We have set out to the trustee our expectation that it should complete an independent review of the governance arrangements for the charity and that it should share with the commission its terms of reference and timescales for this work.”

The commission said this work was understood to be in progress. But Barker added: “We have strongly recommended that the trustee should consult with the charity’s beneficiaries, taking account of their views, suggestions and feedback to better inform its decision making.”

She noted the commission continued to receive public complaints about the condition of Maindy Park - which was gifted to the charity in 1922 - and although it had no role in resolving these the commission added: “However, as we consider that there is an ongoing risk of continued disagreements and complaints that may cause reputational damage to the charity and/or damage its relationship with beneficiaries, on 13 April this year we issued further formal advice to the trustee.

“This sets out the steps we expect it to consider and act upon as a matter of urgency to address governance risks and ongoing disputes and complaints. We have emphasised the importance of the trustee clearly separating its role as trustee of the charity from its role as local authority, to avoid confusion and conflicts of interest.”

Cardiff last month lost a case at the First-tier Tribunal (General Regulatory Chamber) Information Rights, in which a local residents had sought various Freedom of Information disclosures concerning the park dispute.

The tribunal told Cardiff it must provide the information in 35 working days or face possible contempt proceedings.

Resident Christine Wyatt had asked for a copy of the partial reply sent by external solicitors acting for the trust to the commission and for council communications with the commission.

Cardiff refused citing section 36 of the Freedom of Information Act 2000 concerning prejudice to the effective conduct of public affairs.

Wyatt’s appeal to the Information Commissioner failed as it found the council had acted reasonably, and she then took her case to the tribunal.

Judge Marks said the tribunal panel concluded Cardiff  had repeatedly asserted, but failed to evidence, any disproportionate or unjustified burden, and had itself adopted an unduly burdensome methodology for handling Wyatt’s requests.

The panel found her motive was a legitimate public interest aim of holding the council to account in its role as sole trustee of charitable land, had a serious purpose, and that neither harassment nor distress to staff was alleged or evidenced.

It said: “Taking a holistic approach and bearing in mind the presumption in favour of disclosure under EIR, the high threshold for [refusal under] EIR 12(4)(b) was not met and that the commissioner erred in law in finding the exception engaged.”

A Cardiff spokesperson confirmed the local authority is acting in line with the commission’s request, and added: ”A governance review of the Maindy Park Trust is being undertaken within the timescale requested by the Charity Commission.”

The council statement said it was considering its position on the tribunal’s findings and could not comment further at this stage.

Mark Smulian