Charity: Charity Commission updates guidance on exempt charities

The Charity Commission guidance on exempt charities (CC23) has been updated to include current details of principal regulators, and information related to regulations that have recently come into force. Exempt charities are institutions that have charitable status and must comply with general charity law, but unlike other charities they: cannot register with the Charity Commission (Commission) are not directly regulated by the Commission and instead have (or will have) a principal regulator, ie a body or authority responsible for regulating the charity under a specific legal framework may only be investigated by the Commission as part of a statutory inquiry at the request of their principal regulator The great majority of higher education institutions (HEIs) in England are ‘exempt charities’.  The principal regulator of exempt charity HEIs (and of charities that are their ‘connected institutions’) is the Office for Students (OFS).  A complete list of English HEIs that are regulated by the OFS as exempt charities is included in Annex B, OFS Regulatory advice 5: exempt charities.  All HEIs in Wales and the remaining HEIs in England are regulated directly by the Commission.  The charitable status and activities of Scottish HEIs are regulated by the Scottish Charity Regulator (OSCR). The updated Commission guidance reflects the amendments to Schedule 3 to the Charities Act 2011, introduced by the Higher Education and Read Full Article…

Charity: Updated guidance on reporting serious incidents

On 14 June 2019 the Charity Commission for England and Wales published updated guidance for charity trustees on how to identify and report serious incidents, titled How to report a serious incident in your charity. A serious incident is any incident that results in, or risks, significant: harm to beneficiaries, staff and other people who come into contact with the charity through its work loss of the charity’s money or assets damage to the charity’s property harm to the charity’s work or reputation The updated guidance includes information on the reporting obligations of trustees, and the main categories of reportable incidents.  It also provides an examples table indicating the types of incidents that should or should not be reported. The guidance includes a link to a new online form that can be used to report an incident on behalf of the trustee body.  In order to submit the form, the following information must be provided: Contact details including: contact details of the person submitting the form; the charity name and, if it is registered, the registration number; reference numbers and contact details, if the incident has been reported to other organisations, eg the police; and names and registration numbers of any other charities involved in the incident Details of the incident including: date of the incident; what happened; date the Read Full Article…

Charity: Guidance for charities with a connection with a non-charity

On 29 March 2019, the Charity Commission for England and Wales published: ‘Guidance for charities with a connection to a non-charity’.  The guidance specifies ‘good practice’ which is intended to help trustees run their charities more effectively, avoid difficulties and comply with their legal duties in the context of their connections with non-charitable organisations. The guidance applies to a charity if it: has set up and owns a trading subsidiary has been set up by the non-charity, for example: corporate foundations, or charities set up by social enterprises, campaigning organisations, or government or local authorities receives regular funding or support from the non-charity gives regular funding to the non-charity, for example: grant makers who regularly fund a non-charity; charities set up to support the activities of a non-charity, such as charities with a link to an NHS Trust, or other ‘friends of’ charities works regularly with a non-charity to deliver services, campaigns or other projects has a non-charity as trustee, or where the non-charity can appoint some of the trustees has a non-charity as its sole or significant member The guidance does not set out new rules but draws from existing laws and guidance to set out six broad principles for managing and reviewing a charity’s connections with non-charities.  These are as follows: Recognise the risks Do not further non-charitable Read Full Article…

Charity: Institute of Fundraising issues new guide on telephone fundraising

On 13 January 2019 the Institute of Fundraising (IOF) published guidance for charities and fundraising professionals titled A Good Call: using the telephone for successful fundraising. The IOF guidance aims to provide recommendations on best practice in the context of telephone fundraising, including selecting commercial partners, and data protection compliance. The guidance is set out in two parts: The first part provides recommendations on the purpose and content of conversations that fundraisers may have with existing and potential supporters.  The topics covered include eligibility for gift aid, record-keeping and legacy and event fundraising.  There is a dedicated chapter on inbound calls. The second provides information on how to plan and prepare for fundraising telephone campaigns.  This includes recommendations on strategy, delivery, including working with third parties such as telemarketing agencies, call monitoring specialists and data suppliers, and data protection compliance. The guidance contains a number of flowcharts aiming to help charities and fundraising professionals decide whether they have a legal basis for making unsolicited marketing and administration calls.  It also provides a compliance checklist, together with a table of relevant resources. Fundraising across the charitable sector in England, Wales and Northern Ireland is regulated by the Fundraising Regulator. Charities registered in Scotland only are overseen by the Office of the Scottish Charity Regulator (OSCR), and relevant fundraising activity and complaints Read Full Article…

Charity: Code of Fundraising Practice

On 7 September 2018, the Fundraising Regulator announced a Consultation on the Fundraising Code. The consultation concentrates on the style, presentation, clarity and accessibility of the code. The code together with the rulebooks for street, door-to-door and private site fundraising, outline the standards expected of all charitable fundraising organisations across the UK. The intention is to enable fundraisers to use and understand the code confidently and with ease to ensure compliance. Existing feedback indicates that the code could benefit from a thorough review to deal with the following matters: • Clarify the purpose of the code and to whom it applies • Ensure the language of the rules is clear and consistent • Define key terms used in the code to ensure there is a consistent understanding • Review the order of the code, identify gaps, and strengthen cross-referencing with relevant guidance • Avoid repetition between rules and reduce the number of sections • Emphasise more clearly the importance of general rules that apply to all fundraisers as well as those that only apply to specific forms of fundraising • Provide closer links with case studies and good practice examples • Clarify which parts of the code are applicable across the different legal jurisdictions of England, Wales, Scotland and Northern Ireland, particularly in regard to the proposed changes • Bring Read Full Article…