In our last bulletin, we described the Commission's draft fundraising guidance, put out for consultation last December. The Commission has now published the final version.
It has not changed a great deal, but according to the Commission's analysis of consultation responses, a number of relatively minor amendments have been made, such as:
- there is now a little more guidance on the charity law aspects of fundraising, for instance on the statements fundraisers are required to make when soliciting donations, requirements to disclose charitable status in certain documents, and failed appeals. It is still pretty light on law though, preferring to refer to guidance provided by other bodies;
- there are more links to the Commission's guidance on – and reference to – the duties of trustees, to give some context to the principles set out in the fundraising guidance;
- there is more guidance on fundraising via trading subsidiaries;
- there is a new section on regulation, covering the role of the Fundraising Regulator and how the Commission anticipates working with it;
- the checklist, designed to help trustees ensure compliance, has been revised to meet the needs of charities of different size and published as a stand-alone document;
- the consultation draft said that charities should fundraise in a way that encourages public trust and confidence in charities. Several responders to the consultation considered this to be unfair; it has now been removed;
- there is a new Annex 2, describing and linking to other organisations with a role in regulating fundraising (such as the Fundraising Regulator, the Information Commissioner and the Gambling Commission). This Annex also links to other relevant Charity Commission guidance;
- whilst 'values' are still a prominent theme, the guidance states that there is no requirement for charities to have explicit values.
With the launch of the new Fundraising Regulator and the Commission's more robust approach to regulation, we recommend that both trustees and others involved in charity fundraising take the time to read the new guidance. You can download it here; the checklist can be found here.
If you require further information on anything covered in this briefing please contact Rachel Holmes ([email protected]; 020 3375 7561) or your usual contact at the firm on 020 3375 7000. Further information can also be found on our Schools page.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, July 2016