This piece was first published in The Times on 12 March 2024.
Think tanks are critical to our political ecosystem. Their work is valued by parliamentarians and those interested in public policy. Their model of policy development and scrutiny is present in most established democratic nations, where solutions to the toughest challenges are researched, analysed and debated with gusto.
It is because of the important role of think tanks in informing debate and educating the public that many of them hold charitable status in England and Wales. Yet the nature of these charities is too often called into question.
Some argue that think tanks are inherently political organisations and, accordingly, don’t deserve the benefits that charitable status brings. I disagree. Charitable think tanks make an enormously positive contribution to intellectual debate. That is a good thing, whatever intellectual tradition they come from.
Like any charity, think tanks are free to engage in political activity where doing so supports their charitable purposes. Despite this, some have sought to co-opt the Charity Commission into campaigns against think tanks with which they disagree.
I want to be clear that, as long as a think tank is not endorsing political parties or undertaking inappropriate political activity, the commission, as regulator, has no interest in stifling their work and thus will rarely intervene when allegations of political bias are made. This is a key part of the fair, balanced and independent approach of the commission.
We expect their research to be open-minded and their conclusions not to be predetermined. But we are unlikely to consider that a progressive think tank is in breach of charity law by the fact that it may favour left-of-centre solutions, and likewise with others elsewhere on the political spectrum.
Similarly, it is not a regulatory matter if charity think tank staff join any future government, or if staff leave government to join a charity think tank. Ex-politicians and officials have a lot to offer the voluntary sector (think of David Miliband at the International Rescue Committee), just as many former charity employees have made strong contributions to politics (think of the current charities minister Stuart Andrew, formerly of the British Heart Foundation).
I hope charity think tanks can continue to carry out the work they do unhindered by unfounded complaints made to the commission about the alleged non-charitable nature of their work — and continue to be the valuable part of our democracy they are trusted to be.
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This comment piece was first published in the Telegraph on 4 March 2024
Charities have a fundamental role in our society. As Chair of the Charity Commission, I regularly see first-hand the vital work charity volunteers, staff and trustees do up and down the country. Just last week, I was privileged to be in Norwich to see how community workshops at the local Men’s Shed are supporting people’s wellbeing.
Charities registered in England and Wales have also stepped up in the face of international crises including the earthquakes in Turkey, Syria and Pakistan and more recently, the conflict in the Middle East. Last year, I visited Romania and saw the work of oversees aid charities like Oxfam, providing essential support to families displaced by the Russian invasion of Ukraine.
We should be proud of British charities helping those in need both here and abroad.
None of this work would be possible, though, without the huge generosity of millions of people across the UK. The Charities Aid Foundation ranks the UK as the world’s 3rd most giving nation. It estimates that Britons gave £12.7 billion to charity in 2022 – the British public’s most generous year yet. We can and should be proud of that record.
It appears though that we have a challenge. Evidence suggests that philanthropy from the wealthiest section of UK society has been on a downward trend, just at a same time when there is an urgent need for more monies to flow into the charity sector.
This concerns me, and I am determined to do everything in my power to support greater philanthropic giving, and get more philanthropic funds into the sector.
As we have seen, though, charities can face intense scrutiny when making decisions on donations from wealthy sources. While most donations are straightforward to accept, challenges can arise when questions of ethics are raised around funds from a particular organisation or individual. These decisions can be fraught and finely balanced, requiring careful consideration of all the consequences.
But importantly, when charities are offered a donation, their starting position should be to accept. The law generally expects charities to take monies that are offered, only refusing when there is very good reason. Donations are vital to a charity’s ability to deliver the good cause they represent – and to have even more of an impact.
We’ve heard that charity trustees need advice on navigating this tricky terrain – and have listened. That’s why we have today [4 March] published new guidance for trustees when deciding whether to accept a donation. This aims to help trustees make the best decision for their charity, by reminding them of the starting presumption under the law, whilst clarifying that other choices can be made so long as it is justified.
There are of course instances where this choice is clear – for example trustees must always refuse any donation that has come from illegal sources such as terrorist or other criminal activity. But there are other circumstances where the issues are more complex, such as over significant reputational issues, and here charity trustees have a wide discretion.
It should be clear that trustee boards have objectively weighed up the impact on their charity - including the adverse financial effect of refusing a donation – and decided that their course of action is in the best interests of the charity. Where they have done so, we will generally respect these decisions.
However, trustees must not allow their personal views or interests – or those of others – to influence them into a decision that is not in their charity’s best interests.
As a fair, balanced and independent regulator, the Commission will not weigh in unnecessarily, but where decision-making looks materially irrational, we can choose to take another look. By using our guidance to ensure decisions are properly made, trustees will be well placed should criticism arise.
I want existing philanthropists and potential donors to feel confident to give generously, and charities to feel confident to accept donations, where it is in the best interests of their charity to do so.
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During Trustees Week, I hosted a roundtable for some of the charity sector’s younger trustees. The Commission is keen to demystify trusteeship, enabling more people to get involved and give back to society – and the roundtable was a great opportunity to hear from those who are currently doing the role and to learn from their experiences to help inform what more we can do as the regulator to grow the number of those volunteering at every age.
The passion, skill and experience people bring to trusteeship determines not just the success of individual charities but contributes in great part to the health of our communities and the cohesion of society.
Making time for trusteeship can be a life-enhancing experience and, at the Commission, we want a wider group to benefit from everything trusteeship has to offer, including younger people.
Trusteeship is open to everyone. Being a trustee is rewarding as well as challenging - sometimes delightful, sometimes hard work, requiring energy and imagination in the here and now –– and is also, always, an investment in the future.
And it brings benefits for individuals too. The trustees I met at the roundtable described how being a trustee had improved their personal well-being, helped them develop a range of skills and is helping their career development. While they all had a slightly different take on trusteeship, the one thing they all had in common was that it had brought something positive to their lives. These attitudes, I’m pleased to say, are shared across our entire trustee community.
We know younger generations are keen to enact change - and what better and more effective way to do so than from the inside. The core purpose of charities is to improve people’s lives. Be it through environmental action, tangible health and social care services or improving the accessibility of sport, the arts and culture. Being on a charity board means you’re guiding the ship, you are helping to make decisions about what the charity does and overseeing the way it is done. There are very few opportunities in the world like this, that are open to so many.
While we’re keen for more younger people to explore trusteeship, people of all ages have something to contribute to a charity’s governance. We know a board that’s more varied in background, skills and experience is more diverse in its thinking. A leadership team – whether executive or non-executive - that can scrutinise and evaluate a problem or opportunity from a variety of perspectives is likely to be more effective than one that’s governed by people who all come from the same walk of life.
We’re aware that work still needs to be done to open the doors to trusteeship. One of the common misconceptions, and something I again heard last week, was that trusteeship ‘isn’t for people like me’. As one trustee said, ‘you can’t be, what you can’t see’.
Recommendations your organisation can consider to help tackle this could include:
I’m pleased to say we will be reviewing our Finding new trustees guidance next year. This will support charities to recruit to their boards.
While there is still work to be done, there is so much to celebrate about the sector and those who lead it. But the discussion left me feeling optimistic and hopeful for the future. The sector is already in the safe hands of current trustees and I hope many more will make the decision to join them soon.
]]>As the festive season brings with it a period of increased public generosity, we’re sharing a few quick steps you can take to make it tougher for fraudsters to take advantage of your goodwill.
These will help ensure your donations make it to the genuine causes in need of your support this winter.
Although most charity fundraising is genuine; fraudsters and criminals sometimes take advantage of festive giving, using methods such as fake appeal websites, email appeals that falsely use the name of genuine charities, or appeals from fake charities.
The UK public regularly donate to charities – a recent study by the Charitable Aid Foundation put the UK third in world rankings of giving, with 71% of people regularly donating money to charitable causes. The British public give more during the festive season than other times of the year, as we see many fundraising appeals from charities during this time.
Help ensure your donations reach those who need them this Christmas.
]]>A general election is on the horizon and we understand that many of you, as charity leaders and trustees, will see this as a critical moment to speak up for your beneficiaries and highlight your causes. Charities have a proud record of engaging in public debate and campaigning on behalf of their purposes which is entirely legitimate.
Doing so consistently with the legal framework is crucial to public confidence in your political campaigning and to trust in charities more generally. As the chairs of our respective regulators, we want to support charities to understand the law.
The law is clear about the right of charities to campaign. The Charity Commission has been active in affirming this right, as well as the important constraints the law places on charities’ political activities.
Charities can take part in political activity provided it supports their purpose and is in their best interests. However, political activity must not become the reason for a charity’s existence. Charities must also remain independent and must not give their support to a political party. Guidance for charities on campaigning and political activity is available on the Charity Commission website, as well as a concise ‘5-minute guide’ for those who need a quick refresh. New social media guidance provides additional support, as campaigning and political debate plays out across online platforms.
Charities also need to know about the new Non-Party Campaigner Code coming into effect from 1st December.
By way of summary, in addition to a charity’s continuing obligations under normal charity law, electoral law requires charities to register as non-party campaigners if they spend over a certain amount on regulated campaign activities in the 12 months leading up to the next election.
The first thing you need to know, is which campaign activities are regulated.
According to electoral law, spending on certain activities is regulated if the activity can reasonably be regarded as intended to influence people’s voting choice. This activity is called ‘regulated campaign activities’. Thus, such activity, which is lawful under charity law if it is not supporting a specified party or candidate, is regulated under electoral law, counting towards your spending limit.
The second thing, is how much you are able to spend on this activity.
You will be required to register with the Electoral Commission as non-party campaigners if your charity spends over £10,000 (previously this was over £20,000 in England), on regulated campaign activities, across the United Kingdom. After the election, you may then need to provide financial returns, to support public transparency. If you think you might need to register, the Electoral Commission advises you to register early. Once an election is called, you cannot spend over the threshold until your registration is confirmed.
The third thing to highlight is that the law now requires an imprint to be included on digital material that falls within the above definition of regulated campaign activities.
An imprint tells voters who is responsible for publishing and promoting campaign material. This means that many types of digital material such as social media adverts and posts will require an imprint. Where a charity is paying for a digital advert it will require an imprint if, for example, it promotes an outcome in an election or it promotes or criticises an elected office-holder.
If you are considering doing external advocacy work ahead of the election, we encourage you to find out more. The Electoral Commission has produced a new Code of Practice to support organisations that wish to campaign in the upcoming election period. It carries the same weight as legislation but is more practical and easier to understand than other legislation which can sometimes be quite technical. The Electoral Commission also provides guidance on digital imprints and an enquiry service for campaigners, should you need extra support to operate lawfully when campaigning about the important issues you champion.
We understand that these changes can appear daunting. That’s why we want to make sure you feel equipped to enter the next election period, undertaking any campaigning to advance your charity’s purposes, with confidence.
We want to stress that electoral law exists not to limit campaigning, but to ensure that there is transparency around key campaigning activity.
Finally, everyone who engages in policy discussions around elections plays a part in supporting respectful debate and public confidence, but charities hold a unique position in law, and can and should model a better kind of discourse while championing their important work. If you do choose to engage, we expect you to do so in a manner that is respectful and tolerant and in a tone that reflects your standing as a registered charity.
Any queries about the new campaigning rules can be directed to the Electoral Commission at pef@electoralcommission.org.uk.
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This comment piece was first published in the Sunday Telegraph on 26 November 2023.
As aid lorries enter Gaza during the current pause in hostilities, we are reminded once again of the vital role charities play in meeting humanitarian needs. UK charities are among those working to supply essential water, food, clothing and medical supplies to those affected by the conflict in both Gaza and Israel. They are doing so in extraordinarily difficult circumstances – as are charities working in Ukraine and in other conflict zones across the world.
At the same time, many charities here in the UK have stepped up their efforts to promote cohesion and combat extremism at a time when reports of antisemitic and anti-Muslim hate crimes have been increasing. I have met several Jewish and Islamic charities recently to discuss their work and will continue to do so.
The overwhelming response of most charities to the conflict has been a credit to the sector. It is therefore hugely disappointing this good work could be undermined by a few individuals abusing their privileged positions to fuel division and tension.
The Charity Commission is aware of a significant number of serious concerns about activities linked to the conflict in Israel and Gaza. These include charities representing communities across the religious divide, although these to date largely concern allegations of antisemitic or hate speech.
Charities must not allow their premises, events or online content to become forums for hate speech against any community or unlawful extremism. The Commission will not stand by and permit charities to be abused in this way. Where there proves to have been wrongdoing, make no mistake, we will deal with it robustly.
We have acted when similar concerns have been raised in the past. This includes instances where one charity had hosted events that risked it being associated with terrorism, and another charity that appeared to be connected to far-right extremism. We act just as strongly on any form of hate speech or extremism, whichever community it stems from or is directed at.
At a time of heightened tensions, people expect charities to lead the way in bringing us together. That does not mean that they must avoid sensitive or controversial issues – charities are free to campaign so long as it relates to their charitable purposes. But I am clear that they have a responsibility to do so with respect, tolerance and consideration for others. They must avoid inflammatory rhetoric that stokes division and may undermine trust in the sector.
The Commission will always use our powers, given to us by Parliament, to deal strongly with those who intentionally or recklessly abuse charities in England and Wales. We will not hesitate to take action to protect the reputation of the sector as a whole, including the many religious charities on our Register that are doing so much good across communities here and abroad.
]]>The supported housing sector is a space where many aspects of civil society come together to meet the needs of vulnerable people. Although supported housing can be provided by local authorities, housing associations and private landlords, in many cases supported housing is provided by charities.
Charities are therefore an important part of the supported housing sector, helping their beneficiaries access specialised accommodation and support services to ensure their needs are met.
As for all charities which provide services, particularly for vulnerable people, trustees need to be aware of and attentive to risks to both their beneficiaries or their charity. Having identified potential challenges in the supported housing sector, the Charity Commission wishes to make trustees of charities which provide supported housing aware of the risks associated with providing accommodation via the lease-based model.
Supported housing and lease-based model defined
Supported housing is accommodation provided alongside support, supervision, or care to help people live as independently as possible in the community. Examples of supported housing may include group homes, hostels, refuges, supported living complexes and sheltered housing.
Increasingly, the Commission is becoming aware of charities providing this type of accommodation via the lease-based model. This is where a charity does not own the properties through which it provides accommodation but instead holds lease agreements with an individual or entity such as an investor or property developer.
In some instances, a charity may even sell property that it owns to a third party and then lease the property back from that third party so that it can provide accommodation.
The key risks associated with the lease-based model
The lease based model of providing supported housing presents a number of potential risks which you, as a trustee of a charity providing supported accommodation, need to consider before making such an arrangement, and/or manage once entered into. These risks include:
Commission guidance
As the regulator of charities, a key part of our role is to alert the sector to emerging risks so that trustees can take the appropriate action. Although the Commission urges charities to be mindful of these risks, we accept that, in certain circumstances, the lease-based model of providing supported housing can allow charities to provide services to a greater number of beneficiaries.
In such circumstances, we expect that you, as trustees and charity leaders, will have considered the following guidance and ensure you discharge your duties:
Alongside understanding, and following, the above guidance, trustees must assess the risks associated with the lease-based model to their charity, taking appropriate advice where necessary. Fulfilling these duties will help you ensure that you charity can thrive, delivering positive outcomes for your beneficiaries.
]]>New guidance published by the Charity Commission makes it clear that charities who use social media should have a policy in place and ensure that it’s followed.
But, when you’re busy in the day-to-day (creating and scheduling posts, researching new content ideas, keeping up with the news, monitoring engagement and responding to comments, to name a few!) it might be tempting to view creating a social media policy as unwelcome admin.
However, a social media policy is an important tool to help organisations ensure proper oversight, manage risks and address problems swiftly if they occur.
But beyond these essentials that charity trustees need to consider, our in-house social media team share their views on the wider benefits a well formulated policy can have for those managing your channels and communications.
Have you ever hit ‘post’ only for doubts to immediately creep in?
That anxiety when waiting to see how your audience responds is a feeling most of our team and other social media professionals we’ve worked with can relate to.
For all its benefits, using social media can occasionally be a bit nerve-wracking, particularly if you are engaging on sensitive or emotive issues. The speed and ease at which you can potentially reach hundreds or thousands of people is a fantastic benefit of using social media, but it does up the stakes.
Whether you’re part of a large team, or you’re handling the day-to-day management of your charity’s social media accounts solo, it’s not something you will want to (or should) shoulder responsibility for alone.
Having a social media policy can take out much of the individual guesswork. By starting from agreed guidelines and making clear what it is you want to achieve when posting online, it can empower you or your team to post and share content, confident it’s right for your organisation and its purposes.
Social media moves fast and a lot of what we do can feel reactive – whether that’s tapping into a trending hashtag to amplify your reach or responding to criticism.
But it is possible to plan ahead so you can put yourself in the best position to respond quickly and effectively to situations as they unfold. For example, even simply deciding in advance who needs to be involved with, or authorise, certain types of content can save invaluable time and reduce the risk of slipping up.
Mostly, social media policies will be concerned with risks and preparing for what to do if things go wrong. But the same principles apply when preparing yourself to make the most of opportunities as they present themselves.
If your charity has a well-established social media presence, you or your team will no doubt already have your own internal processes and ways of working that you follow based on the knowledge you’ve accumulated in the role.
However, our team feel it’s important to occasionally take a step back from the daily outputs, in order to consider whether you’re making the most of social media to achieve your organisation’s goals – looking beyond the number of likes and impressions.
The process of getting what you do and want to achieve written down in a policy can help you achieve this and shape the development of your communication strategies.
And as you don’t create social media content in a vacuum (we work with teams across the Commission to understand key priorities, develop content ideas and ensure our messaging is consistent) it can be used to help others in your organisation better understand your work and facilitate wider conversations around working effectively together.
It can also help save you time in the long run - whether it’s using your policy to quickly bring a new recruit up to speed or by providing context to a senior employee you’re looking to support or review your work.
While our new guidance is primarily aimed at trustees, it’s also useful if you use or manage any of your charity’s social media accounts. Plus, you’ll bring important knowledge and experience to help develop and implement a policy that is right for your charity.
Not everyone in your charity will have the same level of understanding around using social media and our casework has revealed a knowledge gap, with trustees not always being aware of the risks that can arise.
Our guidance and easy-to-use checklist will help trustees and other senior individuals within your charity have informed conversations about what your policy needs to cover.
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It has long been a priority for the Charity Commission to learn more about the public’s attitudes towards charities and about trustees’ understanding of their role.
Tracking the attitudes, perceptions and knowledge of these two key groups helps us to understand our success as a regulator and shape our plans for the future.
Our annual research relates closely to our statutory objectives - which include increasing public trust and confidence in charities; promoting compliance by charity trustees with their legal obligations; and enhancing the accountability of charities to donors, beneficiaries and the wider public.
And this year’s findings are broadly reassuring in this context.
Whilst public trust in some other institutions has fallen or flatlined, charities continue to be well regarded and highly trusted – ranking second only to doctors - and the public continues to take reassurance from charity registration. Trust continues to be closely linked to the public seeing a high proportion of funds used for charitable activity, that charities are making the difference that they promise to make, and that the way they work is consistent with charitable values. Consistent with our earlier research on charity transparency, the public is more inclined to trust charities that are small, local or where they feel a personal connection to the cause. Trust in charities is not uniform and remains higher in more diverse and affluent urban communities.
Charities have been very visible, including in supporting the most vulnerable, during current cost of living challenges, and of course throughout the pandemic. This appears to have been positively recognised, particularly by those who have benefitted from charitable support.
Whilst high, trust has not returned to its pre-2014 levels. The public’s confidence was dented by several high-profile scandals involving household name charities; in 2018 trust in charities fell below trust in the average person in the street. For some people, lingering doubts remain, but charities’ recovery to second most trusted group overall is significant.
In these challenging times, trustees continue to feel confident that they understand what the public expects of them. Demonstrating prudent stewardship of funds is more critical than ever. Both trustees and the public generally feel that charities should avoid excessive risk and focus on their core purposes when deciding how to spend funds. Equally, though, the public feels charities should not be so cautious that they end up simply accumulating money.
As for the Charity Commission, we have set out an ambition to be an expert regulator that is fair, balanced, and independent. And so it is reassuring that the great majority (81%) of trustees who had been in contact with us for advice or permission felt that they were treated fairly. Trustees also expect, and in many cases perceive, balance in the Commission’s regulatory approach. There was also a consensus that we are not unduly influenced by external forces; 78% agreed that our main influence is - rightly - charity law.
The overwhelming majority (95%) of trustees also remain firmly confident that the Commission will deal appropriately with wrongdoing and harm once it is identified. They are also more confident than in 2020 that the Commission can uncover wrongdoing in the first instance.
It is pleasing that trustees’ awareness of our accessible 5-minute guides has increased. Those who have used the Commission guidance also found it to be helpful (96% of trustees). Those who do access our guidance are also more likely to correctly answer questions about their responsibilities such as dealing with conflicts of interest, making sure the charity’s funds are used properly, and making sure charity files accounts on time. However, there are still too few trustees who feel they need to engage with the support we provide, reinforcing the importance of the further awareness raising and improvements to guidance we have committed to in our 2023/24 Business Plan.
There is much to be positive about from this research - but it’s also clear that there is no room for complacency, for charities, or for us as regulator. We know that trust is hard earned and can very easily be lost – and no charity has an innate right to trust or support from the public.
]]>The Big Help Out aims to help people experience volunteering and make a difference in their communities. Getting On Board and the Charity Commission are here to support.
Volunteering can be incredibly rewarding, and there are many ways in which you can devote some of your time to charitable work.
Have you ever considered helping to run a charity?
Trustees are the volunteers who lead charities and decide how they are run. You may have heard them called board members or the board. Trusteeship is a great way of contributing to causes you care about and developing strategic and leadership skills at the same time.
Anyone can be a trustee, regardless of how junior or senior you are in your career, whether you’re in paid employment or not, regardless of your ethnicity, class, gender orientation, sexuality or any other difference. Boards thrive when they have a diversity of skills, knowledge, age and experience on their board.
Did you know?
If you would like to find out more, you can join the free webinar, What is a Trustee and how do I become one hosted by Getting On Board.This one-hour session is a great introduction to the world of Trusteeship and will cover:
The webinar is free to attend.
Getting on Board also has other useful resources to support you. You can read their guide on How to Become a Trustee Guide, they also have a series of useful webinars, Getting on Board Events
You can find hundreds of trustee vacancies listed on the Reach Volunteering search platform.
The Charity Commission also has a series of guides to support you on your Trustee Journey. Advice and guidance for Charity Trustees – Getting the most out of being a charity trustee
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