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The Charity Commission, the independent regulator of charities in England and Wales, has today (19 June 2017) announced that it opened a statutory inquiry into the Anatolia People’s Cultural Centre, registered charity number 1107957, in April 2016. The Commission did not previously make the inquiry public to avoid any potential prejudice to a criminal investigation by the Metropolitan Police and a consequent trial of a trustee of the charity for terrorism offences.

In April 2016 information was shared with the Commission by the Metropolitan Police’s Counter Terrorism Command that the charity’s premises were searched due to an ongoing counter terrorism investigation. As a result of the search, a trustee of the charity was arrested on suspicion of terrorism offences and the charity’s premises were later closed, and remain closed, by a court order. In addition to supporting the Metropolitan Police’s criminal investigation, the Commission also had concerns about the trustees’ management of the charity and whether its property, including its premises, were used solely to further the charity’s stated purposes. The trustees have also repeatedly failed to file the charity’s accounts in default of their legal duties.

The scope of the Commission’s investigation is to consider the:

• administration, governance and management of the charity by the trustees
• financial controls and management of the charity and whether its funds have been properly expended solely for exclusively charitable purposes and can be accounted for
• conduct of the trustees
• whether or not the trustees have complied with and fulfilled their duties and responsibilities as trustees under charity law

As part of its investigation the Commission has exercised a number of its regulatory powers to protect any property that may be held in the name of the charity, restrict the trustees’ fundraising activities without the Commission’s prior authorisation and to suspend the trustee who was the subject of the police’s investigation and subsequent trial. This trial has now concluded and the trustee was found not guilty. The trustee in question remains suspended and the Commission is considering further regulatory action.

In addition, the Commission has taken action using its new powers under section 181A (of the Charities Act 2011) to disqualify the charity’s 5 other trustees from being a charity trustee for a period of 10 years as a result of their misconduct and/or mismanagement in the administration of the charity. Further information will be provided on conclusion of the inquiry.

The Commission is not a prosecuting authority and the investigation of criminal offences is a matter for the police and/or other authorities. If charity property or assets are at risk the Commission will take action to protect these either of its own motion or in collaboration with other agencies.

It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.

The charity’s details can be viewed on the Commission’s online charity search tool.

Ends

PR 48/17

Notes to editors

1. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see our annual report.
2. Search for charities on our online register.
3. Details of how the Commission reports on its regulatory work can be found on GOV.UK.
4. Section 46 of the Charities Act 2011 gives the Commission the power to institute inquiries. The opening of an inquiry gives the Commission access to a range of investigative, protective and remedial legal powers.
5. The Commission’s decision to announce the opening of a statutory inquiry is based on whether it is in the public interest to do so and with consideration of our objective to increase public trust and confidence in charities.
6. Miss Ayfer Yildiz was tried for 2 counts of disseminating of terrorist publications contrary to section 2 of the Terrorism Act 2006 and found not guilty on both counts on 18 May 2017.
7. The new discretionary disqualification power in section 181A of the Charities Act 2011 brought in by the Charites Act 2016 allows the regulator to disqualify a person it considers unfit from being a trustee, for a maximum period of 15 years.
8. On 2 May 2017 the Commission made an order under section 181A of the Charities Act 2011, in respect of the 5 trustees, having satisfied itself that the statutory test had been met. The effect of the order, which came into force on 13 June 2017, is to disqualify the 5 individuals from being a charity trustee or trustee for a charity in respect of any charity in England and Wales (whether registered with the Commission or not) for a period of 10 years. The order also disqualifies them from holding any office or employment with senior management functions in any such charity for the same period.

At around 06:30 hrs on Sunday 28 May 2017, a trailer being propelled by a small tractor (known as a ‘gator’) between Edale and Bamford, became detached and ran away for a distance reported to have been around 1.5 miles (2.4 km), before coming to rest at a set of points near Hope. The gator’s machine operator followed in the gator to warn anyone on the track of the approach of the trailer. Afterwards, the draw bolt and locking pin which secured the trailer to the gator was reportedly found to have come out. The trailer was fitted with brakes on two wheels of its four wheels. The brakes are spring applied and, when coupled to the gator, are released hydraulically. However, when the trailer is used independently, the brakes are manually released using demountable handles. The hydraulic hose connecting the trailer’s hydraulic system to the gator reportedly pulled out when the trailer broke away.

The gator and trailer had been put on the track at Grindleford and driven to Edale to convey four staff from Edale to Cowburn Tunnel where they were to remedy a number of track faults. On the journey, the machine operator reported that the gator and trailer were slow and sluggish and later, between Edale and Cowburn Tunnel, sparks were reported coming from wheels on the trailer. Once inside the tunnel, it was found that the brakes on the trailer were applied and could not be hydraulically released. For the return journey at around 06:00 hrs, the brakes were manually released using the demountable handles which, at some stage, were tied in the release position.

After dropping the four staff at Edale, the machine operator continued alone towards an access point at Bamford. He reported that he stopped to take a telephone call and then noticed the trailer slowly running away down the gradient. A gang, who had earlier been working on the points where the trolley came to rest, had left the track. There were no level crossings or footpath crossings on the route of the runaway. The machine operator reported receiving an upper body injury when the gator suffered a jolt while following the trailer.

The RAIB’s investigation will seek to understand the sequence of events and the circumstances leading to the trailer running away, the maintenance condition of the gator and trailer and any relevant management issues.

Our investigation is independent of any investigation by the railway industry, the British Transport Police or by the industry’s regulator, the Office of Rail and Road.

We will publish our findings, including any recommendations to improve safety, at the conclusion of our investigation. This report will be available on our website.

You can subscribe to automated emails notifying you when we publish our reports.

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