Charity Commission Chair Orlando Fraser: philanthropy, trustee investment, campaigning and social media guidance

In a busy month for the Chair of the Charity Commission, Orlando Fraser published a new blog concerning the role of charity leaders in discourse around the migration and refugee crisis.

The comments were released on the Charity Commission website on 10 March, against a background of the Charity Commission's newly published draft social media guidance.  Fraser emphasised that charities "often lead the charge on progress and speaking uncomfortable truths to power" and that "when charities campaign, they do so with the law on their side". Fraser noted that in his role as Commission chair, he will "stand up for the right of charities to lawfully campaign… even while some critics seek to question charities' campaigning role in the refugee crisis". 

However, he cautioned charities that they must only campaign to promote their charitable purposes. Specifically, the Charity Commission Chair warned against the use of "inflammatory rhetoric" by charity leaders and encouraged the sector as a whole to work to "reduce the heated frenzy of aggressive debates on public policy". 

Fraser concluded with a call to kindness, respect and tolerance to be heard by charity leaders, and requested charities balance their desire to campaign strongly with the need to do so in a responsible and measured way. 

The blog advises charity leaders to consider their approach to public discourse as a general election approaches and that the rules on campaigning must be adhered to. 

For the full text of the blog post, see here. 

In a speech given at the Association of Chief Executives of Voluntary Organisations 'festival of leadership' event on 22 March, Orlando Fraser focused on three key themes: philanthropic giving, trustees' approach to investment following the Butler-Sloss judgement, and the new consultation on the Charity Commission's social media guidance.

"The philanthropic culture here in England and Wales lags behind"

Fraser outlined his personal priority to encourage the wealthiest in our society to give more to charity.  He noted that "the philanthropic culture here in England and Wales lags behind those in comparable countries, such as New Zealand and Canada, and far behind what we see in the US. There was once an expectation that those who were very fortunate – either in terms of inheritance, talent or luck – would share the proceeds of that with others who are less fortunate".

"We are confident that our statement in response to the Butler-Sloss decision was an accurate reflection of that judgment"

Despite criticism from two grant-making charities that the Charity Commission guidance on trustee investment (confirmed in a statement from the Commission following the Butler-Sloss judgement) is "inaccurate", Fraser confirmed that the Charity Commission is "confident" that its statement on the judgement "was an accurate reflection of that judgment, and of the law, and that our upcoming guidance [planned for publication in summer 2023] will be too". Fraser explained that he "understand[s] those who are keen to promote green investments – but the law is clear that trustees have very wide discretion in making investment decisions that are right for their charities, and the Butler-Sloss judgment has not changed that".

For our previous analysis of the Butler-Sloss judgement, see here.

"The [social media] guidance does not change the law or trustees’ responsibilities under the law"

The Charity Commission's draft social media guidance consultation closed in mid-March.  The Chair of the Commission reiterated that while the guidance "does not change the law or trustees’ responsibilities under the law" its purpose is to "support charities to use social media with confidence, to ensure trustees understand their responsibilities, and remain risk aware. Including in the context of their staff and volunteers – people like you - using social media in their own right".

He explained that there is a "clear demand for more advice in this area [as] 67% of NCVO members polled said they wanted the Commission to offer specific social media guidance".

Some criticism of the draft guidance has suggested that it is unduly onerous and will result in charities being silenced – either by complaints being made against charities or charities themselves being fearful of the level of responsibility expected by the guidance.

Addressing that criticism, Fraser said that "knee-jerk critics of the consultation process" should bear in the mind the demand for guidance on social media from the sector. He continued "I’ve heard some concerns from charities that the guidance will encourage or facilitate spurious complaints from those who may want to silence charities they disagree with.  With respect, I think this is to look at the matter through the wrong end of the telescope.  The Commission already receives complaints about charities, and those involved in charities and their public statements.  Some of those who complain misunderstand the law and what is expected from trustees".

He concluded by saying that he was "grateful to the many charities who have responded to our consultation, and we are carefully considering all those submissions in preparing the final guidance".

A summary of Withers' response to the social media guidance consultation is included here.