CHARITY - -:„ ON 1

. PL I ' 119

alth July Z009

Dear Sir,

Re: Charity 1101114 Sense About Sc'ence 25 Shaftesbury Avenue

London W10 7EG

I have reason to believe that this charity is acting bey . )nd the spirit of its charity status.

The facts as I know and see them are:

• Simon Singh a journalist and broadcaster, in en article promoting a book he had co-authored
with Edzard Ernst "Trick or Treatment — A geide to alternative medicine" in April 2008,
submitted an article through the Guardian n mspaper in which he claimed that the British
Chiropractic Association "happily promoted Teatments for which there is not a jot of
evidence". He was asked to retract his remarks, and refused to do so and the BCA
subsequently sued him for libel.
O The British Chiropractic Association subsequently sued for libel and their case was upheld in
the High Court by Lord Eady, who ruled that the words used had the true meaning "not a
jot". The Judge did allow an appeal.
O Simon Singh is now appealing to the Court o Appeal, to allow his appeal to be heard there.
(A decision on that is awaited.)
O Simon Singh who has involvement with this charity (maybe the founder) is now using this
Charity to mount a case for the change of the libel law as is it applies to science and
scientific debate.
O in this endeavour he is apparently supported by a gallery of luminaries and eminent people
within their professions through this charity.(according to the web site)

My complaint rests on the argument that Simon Sineh wrote the article published in the Guardian as
an independent journalist was sued and lost the case.

The British Chiropractic Association has always said it would be happy to engage in scientific debate
and admits that some of the evidence for the treatment of childhood ailments by chiropractic, is not
as robust as it could be and that more research is neeeed. The profession, which is statutorily
regulated, is very small and there are insufficient funds to launch a large research programme.

There are in existence many respected institutions and journals in which rigorous scientific debate
can be prosecuted with the full scrutiny of peers and public alike without the inclusion of unfounded
and inflammatory statements.

Had Simon Singh followed this tested route as he now suggests on the web site no harm would
possibly have come to anY Party, however he chose not to follow his own advice.

I would be happy to provide answers to any further qt.. astions from this letter.

Yours faithfully
 Chanty Cornrnission Direct
PO Box 1227, Liverpool L69 3UG

t: 0845 300 0218

f: 0151 703 1555

Your Ref:
Our Ref: NP/1101114/274010/CCD

Date: 13 August 2009

De a111111111111
Sense About Science - 1101114

Thank you for your letter dated 20 July 2009 about the charity named above.

Many complaints against charities, or disputes im p l ying charities, are brought to our attention. We
will only become involved in cases where our pov ,ers and responsibilities enable us to and where
we can be of use.

We are responsible for promoting the effective use of charitable resources. To this end, we offer
charities support and advice and, where necessa ry carry out investigations to check abuses. We
will generally only get involved with cases where:

o the purposes of a charity are not being carried out;

o the assets of a charity are substantially at nsk;

• the charity trustees are acting outside of their powers or are in other ways breaking charity
law; or

• the administration of a charity has completely broken down.

Further guidance on the types of issues in which we can become involved and the evidence that
we need to support your complaint can be found ir our CC47 publication enclosed.

lf, having considered the guidance and criteria set out in CC47, you are satisfied eat your
cortiplaint is a matter which the Charity Commissicn would be able to take up, we would require full
written details of the charity and your concerns, including copies of any documentary-evidence
held, to consider the matter further.

Yours sincerely

Neil Poole

On track to meet your deadline? General Enquiries: 0845 300 0218

Visit www.charitycornmission.gov.uk for help Textphone: 0845 300 0219
on filing your annual return and accounts
Website: www.charitycornmission.gov.uk
 From:
Sent: 15 AggifS1-2uu9 12:08
To: 'enquiries@senseaboutscience org'
Subject: Articles of association

Dear Sir,

I would be grateful for an electronic copy of your articles o association since it is not clear from your web site what
your aims and objectives are?

Once I have had opportunity to read first hand I may have Dmething to contribute but would be unwilling to do so
without a full understanding of your objectives.

Any other information that you consider relevant would be of use.

Kind regards

11111111111111

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;>.7 th Aug 2009

Dear Mr Poole

Sense about Science — 1101114 - Your Ref NP/1101114/2740101CCD

Thank you for your letter dated 13 th August 2009 relating to the above named
charity and for the information contained in your publication CC47 relating to
the information required in order to consicer an investigation into that charity.

I have reason to believe that the following may be true and win support my
assertions with documentary evidence gained from the charities own website
and the fact that an individual within that charity (Dr. Simon Singh) is being
sued for libel by the British Chiropractic Association. To that end a hearing in
the High Court on 7 May 2009, went in the BCA's favour, where Mr. Justice
Eady found in favour of the BCA on the meaning of the words used in an article
he had written in The Guardian. Dr Singh sought leave to appeal to the Court of
Appeal which was refused by Mr. Justice Eady. This, too, was refused by Lord
Justice Keene on 30 July 2009. Now, Dr Singh has lodged an oral appeal at the
Court of Appeal and this is listed to be heard on 14 October 2009.

My assertions are:

O The purpose of the charity is not being carried out

O The assets of the charity may be put at risk dependent upon the sphere of
influence and power that an individual within the charity may be
exerting (Dr Singh)
O The charity trustees are acting outs de of their powers or are in other
ways breaking charity law
 0 The administration of the charity has completely broken down.

I make these assertions on the basis of the fact that I have tried to obtain a copy
of the articles of association of this charit) to no avail reference email dated
15/08112009

Having set the background to this claim I will now proceed to provide the
evidence that I consider crucial to my ass( rtions.

From the Sense About Science website the following documents have been
obtained:

1. Sense About Science

2. About US
3. Advisory CouncilUni
4_ Office Team
5. Board of Trustees (Which now includes Simon Singh)
6. Peer Review and the acceptance A new scientific ideas- Discussion
paper from a working party on equipping the public with an
understanding of peer review. November 2002 — May 2004 (NB Board
of Trustees P49 does not include Simon Singh)
7. Sign up now to keep the libel laws out of science
8. Simon Singh loses first attempt at permission to appeal
9. Beware the spinal trap
10.The law has no place in scientific disputes
11.Think tank: Costly libel suits are stifling science
12.Back "cures" a brave scientist ar d an epic court battle: How Britain's
libel laws are threatening free sp
13.Press Coverage
14.Silenced, the writer who dared to say chiropractic is bogus
15.A happy cacophony

Copies of all documents enclosed.

There is no mention in any of the press coverage (7- 15) that Simon Singh was
being sued for libel because he was promoting his book — the BCA is not suing
him because he was promoting his book — the BCA is suing him because he
said that the "BCA happi1y promotes bogus treatments for which there is
not a jot of evidence" and if he desperately wants to promote good science the
Peer Review process advocated by the very charity he is now using would be
the appropriate way forward. I am not aware that within the wider scientific
community Peer Review mechanism of any challenge by libel law being made.

Simon Singh is reported to have damage ; and costs in the order of £100,000
rising to 500,000 if he proceeds along his intended course of action1111111

The charities trustees appear to be acting outside their powers and I believe are
contravening charity law by becoming in or allowing the charity to become the
personal vehicle for an individual to effect a change in the law

would be happy to clarify or discuss further any points that you consider
require additional evidence or sup • ort.

Yours sincerely
 Charity Commission Direct
PO Box 1227, Liverpool L69 3UG

t: 0151 703 1635

f: 0151 703 1558

Your Ref:

Our Ref: LC/1101114/C-275842

Date: 16 September 2009

SENSE ABOUT SCIENCE

Thank you for your letter dated 27 August 2009 and enclosures.

I am writing to explain how we deal with complaints about charities.

When we receive a complaint we first of all assess its seriousness so that we can decide whether
we need to intervene. Not every complaint requires our intervention; for example, we will not
normally intervene simply because there is disagrc ernent with a decision that the charity's trustees
have lawfully taken, even if it is an unpopular one. Nor will we intervene in disputes about
employment or contractual issues, or between the trustees and the members of a charity. It is the
responsibility of the trustees, as managers of their charities, to deal with the everyday problems,
disagreements and mistakes that arise in the normal course of running any organisation.

However, we will consider intervening where the evidence demonstrates that there is a clear risk of
serious harm either to the charity's property or to chose who use its services. We have a range of
legal powers to protect charities against abuse, bu: any action we take must be in proportion to the
nature and seriousness of the problem. As a general rule, we will not use our legal powers to deaf
with relatively minor transgressions, or situations in which the trustees have made a mistake in
good faith and are willing and able to put things rght, under our guidance and supervision where
appropriate. We also have a duty to ensure :hat the cost of our intervention will not be
disproportionately high in relation to the amount of charity funds at risk.

We are assessing the information you have provided so that we can decide whether any action or
intervention is necessary.

We are also contacting the charity about the issuGs you have raised. We shall not disclose your
identity without your permission (unless we are legally obliged to do so) but you should be aware
that the nature of the information may give the trus.ees an indication as to its source.
We will let you know the outcome of the assessment as soon as possible. Please note that we
cannot provide interim reports on the progress of the assessment

Yours sincerely

Miss Linda Cave

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 Charity Commission Direct
PO Box 1227, Liverpool L69 3UG

t: 0151 703 1635

f: 0151 703 1558

Your Ref:
Our Ref: LC/11011141C-275842

Date: 06 October 2009

Dear

SENSE ABOUT SCIENCE

I am writing to let you know that I have complet€ d my assessment of the information provide by
both you and the charity. I have also examined the information contained on the charity's website.

I have considered all the information provided and in respect of the issues you raised I would
respond as follows-

o The charity's website contains a statement from Dr Singh stating that he is financing the case
himself. The charity has provided me with a w-itten assurance that its funds have not been
used to contribute towards Dr Singh's legal coEts, nor will they be.

o The Charity Commission's publication CC9 — Speaking out: Guidance on campaigning and
political activities by charities states that any charity can become involved in campaigning and
in political activity which further or support its charitable purposes, unless its governing
document prohibits it.

That said, the way in which a charity engages in political activity may prompt concern because
it may indicate that

o the political activity in question is nct really being undertaken as an ancillary activity
or
o the trustee have not exercised their discretion properly before deciding to embark
on the activity
o the trustees have not discharged their duty of care (for example, as regards the
charity's reputation.

The keep libel laws out of science campaign do not appear to be a major activity of the charity.
I have considered the information provided by the charity and included on its website which
shows the campaigning undertaken by the charity is an ancillary activity.

On track to meet your deadline? General Enquiries: 0845 300 0218

Visit www.charitycommission.gov.uk for help Textphone: 0845 300 0219
on filing your annual return and accounts
Website: www.charitycommission.gov.uk
 The charity has read our publication CC9, tak€ n legal advice and has a po!icy statement on
political activity, campaigning and independe ice. It evaluates its planned activities with
reference to the 009.

To date the campaign has not had a detrimental effect on the charity's reputation.

The charity feels that the campaign is being pursued in furtherance of its charitable objects. Its
principal aims are to encourage scientists to speak publicly about scientific issues and the
importance of evidence. The campaign is concerned with the impact of UK libel laws on public
discussion about science generally.

o The charity has confirmed that all its trustee meeting have been quorate this year and has
confirmed the trustees act collectively in their dE cisions.

As stated above I have considered all the information provided, my conclusion is that no formal
intervention is necessary. However, if you are ablE to provide further evidence then I may be able
to review my decision. In the meantime I am cl)sing my case and advising the charity of the
outcome of my assessment.

I note from your letter of 27 August 2009 that you made your assertions on the basis of the fact
that you tried to obtain a copy of the articles of association of the charity. I would advise that, if you
experience similar problems in the future, a copy of a charity's governing document can be
obtained from this office by phoning our contact centre on 0845 300 0218 or making a request in
writing to the address at the top of this letter. I apologise for not mentioning this in my letter of 16
Septem ber.

Yours sincerely

Miss Linda Cave

linda.cave@charitycommission.gsi.gov.uk

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