Charity donation offered to a Parish Council. Could the Council accept?

Question

A charity has offered a Parish Council part match funding for a disabled access footpath along side a football field at a recreation ground. The charity thinks this has public benefit. Could the Council accept this offer?

Answer 1

You might need to check if this is permitted under the general power of competence, and if your council has the right to exercise the general power of competence.

Comments

Thanks - most helpful

Answer 2

Yes, all Parish Councils may accept donations from charities. You mention that the charity thinks this has public benefit, but does the Parish Council agree with this?  The fact that a charity wishes to part fund the work is not, in itself, a valid reason for the Parish Council to undertake the work.

Comments

I am not clear here as in a recent PM (about VAT) it was said "so the charity would have to gift it to the PC and the Charity Commission may want to take a long hard look at that, because charities aren't allowed to fund statutory bodies"

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There is a difference between a charity creating a valuable asset with the specific intention of gifting it to a public body (i.e. a new skatepark) and a charity making a financial contribution towards what is, in effect, a fundraising campaign to improve access.
I've assumed that the charity in this instance is either a grant-making charity or a charity that exists (or simply has the power) to provide facilities for people with disabilities.  It is unusual, although not unknown, for a grant-making charity to be so proactive.  In either case, the benefit is to the users of the path, not to the Parish Council and, from the description provided, it appears that this is not a project which the council would have any legal obligation to undertake.