Article

Fundraising Regulator updates: new guidance on key fundraising values and self-reporting

13 July 2021 | Applicable law: England and Wales

The Fundraising Regulator (FR) has published new guidance on the four key values underpinning the Code of Fundraising Practice for charity fundraising. The blog accompanying the new guidance notes that the landscape for fundraising has changed considerably over the past year and a half, and while fundraisers continue adapt, adherence to the four values is necessary to protect public confidence.

The guidance provides examples on adherence to each of the values:

Open 

This means taking all reasonable steps to help people make an informed decision about donating; being clear about use of professional fundraisers; and online fundraisers being clear about their charges to donors.

Honest 

In respect of fundraising, honesty means, amongst other things: ensuring fundraising materials are not misleading and comply as necessary with the advertising standards; and not taking advantage of a mistake made by a donor.

Respectful 

This means being respectful when dealing with the public, not causing people to feel unduly pressured, not exploiting the trust or lack of knowledge of vulnerable donors and respecting the wishes of those who do not want to receive communications.

Legal 

Fundraisers must meet legal requirements, whether that relates to protecting donor data, having the appropriate licences for a collection or making the correct solicitation statements. The guidance notes that the Code is not a legal handbook and fundraisers are responsible for taking the necessary legal advice.

Separately, the FR has announced in a blog that over the next year it plans to develop a process for self-reporting breaches of the Code of Fundraising Practice. It will release accompanying guidance setting out its expectations for self-reporting and the circumstances in which a report should be made.

From the information provided by the FR, it is not currently clear if there will be a formal requirement to self-report when the process is brought in. The update notes that proportionality will inform the development of the process, bearing in mind that charities are already required to report to various other regulators. Therefore charities will only be expected to report to the FR where its involvement can add value.

In the meantime organisations can complete the enquiry form if they want to self-report. Self-reporting is not a requirement, however the FR does encourage people to do so, noting that in most situations they will provide any support or advice needed.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

Share

Related experience

As a full-service law firm, we are able to provide advice and information about a wide range of other issues. Here are some related areas.

Join the club

We have lots more news and information that you'll find informative and useful. Let us know what you're interested in and we'll keep you up to date on the issues that matter to you.