Since the Charities Act was passed in November 2006, charitable status is based on an organisation providing a "public benefit", as judged by the Charity Commission. In 2008, the Charity Commission published guidance, including guidance on public benefit and fee charging, setting out issues to be considered by charities charging high fees that many people could not afford. The Independent Schools Council was granted permission by the High Court to bring a judicial review of the Charity Commission’s public benefit guidance as it affected the independent education sector. This was heard by the Upper Tribunal at the same time as a reference by the Attorney General asking the Tribunal to consider how the public benefit requirement should operate in relation to fee-charging charitable schools. The Upper Tribunal's decision, published on 14 October 2011, concluded that in all cases there must be more than "de minimis" or token benefit for the poor, but that trustees of a charitable independent school should decide what was appropriate in their particular circumstances.