Fundraising is a key contact between charities and the public. Get it right, and your charity secures funding and public goodwill. Get it wrong, and you risk undermining the public’s confidence in your charity and the wider sector.
It’s up to your charity’s trustees to make sure that they – and any fundraisers working on their behalf – observe the legal requirements and, importantly, the kind of fundraising practices that will encourage the public’s continued support rather than harming your charity’s reputation.
Charity fundraising in the UK is governed on a self-regulatory basis. This means that the charity sector itself sets the standards for charity fundraising, with some laws underpinning the self-regulation.
Under self-regulation individual charities are the first point of call for any complaints about fundraising practices. Where a charity is unable to resolve the complaint, the complainant can escalate it to one of the following:
Charity law does, however, give OSCR powers regarding fundraising activity in specific areas.
Your charity must follow the legal requirements relating to fundraising and the fundraising standards set out in the Code of Fundraising Practice.
What is the Fundraising Code of Practice?
The Code of Fundraising Practice and its associated rule books for street and door fundraising outline the standards expected of all charitable fundraising across the UK. The standards were developed by the fundraising community through the work of the Institute of Fundraising (IoF) and Public Fundraising Association (PFRA).
The Fundraising Regulator now has responsibility for the Code and the rule books.
What is the Fundraising Preference Service (FPS)?
The FPS is a service for members of the UK public to manage the fundraising communications they get from charities. The FPS only applies to charities who are registered in England and Wales with the Charity Commission, or Northern Ireland with the Charity Commission for Northern Ireland.
For more information see the Fundraising Regulators FAQs.
Fundraising by charities and benevolent bodies
Charity law in Scotland sets out certain specific requirements in relation to fundraising. These include:
You can read the relevant sections of the 2005 Act here.
Our Fundraising Guidance for Charity Trustees sets out the trustee duties in a fundraising context.
Charities and Benevolent Fundraising (Scotland) Regulations 2009
We have produced guidance to help charities and fundraisers meet the requirements set out in the Charities and Benevolent Fundraising (Scotland) Regulations 2009. These regulations set out:
The guidance does not cover cash collections or the collection of goods, as these would be covered in future Regulations should Scottish Ministers choose to implement them.
Exempt Promoters
Some larger charities that organise regional or national collections in Scotland can apply to us to be registered as ‘exempt promoters’. This status means that they don’t need to co-ordinate their activities with many local authorities when organising a collection, reducing the administrative burden on the charity.
We consider applications and publish a list of exempt promoters for reference.
An exempt promoter does not have to have permission from the local Council to hold a collection, but they must give the Council at least three months’ notice. You should note that the ‘exempt promoter’ is not the charity itself, but a named individual. You can find out more in our Technical Guide on the 2009 Regulations.
What should charity trustees do about fundraising?
Charity trustees are required by law to act in the interests of the charity. This means that charity trustees must make sure any fundraising carried out by, or on behalf, the charity complies with all relevant laws and does not put the charity or its reputation at unnecessary risk. This means that charity trustees must:
Our Fundraising Guidance for Charity Trustees sets out the trustee duties in a fundraising context.
What about charities registered in both Scotland and England and Wales?
Most complaints about UK wide charities (registered with OSCR and the Charity Commission for England and Wales) will be dealt with by the Fundraising Regulator. This is the same lead regulator model currently used by OSCR and the Charity Commission for general charity regulation.
We operate/fundraise in other parts of the UK – what do we need to do?
The fundraising standards are the same across the UK. The law in Scotland and England/Wales/Northern Ireland relating to fundraising is broadly similar. The individual charity regulators have more information on the details:
If you are based in England and Wales or Northern Ireland then you will fall under the Fundraising Regulator for fundraising self-regulation.
What happens if someone complains?
What is OSCR’s role?
OSCR will only usually become involved in a fundraising complaint where there are concerns about:
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Scottish Fundraising Adjudication Panel |
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OSCR guidance |
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Institute of Fundraising |
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Trustees and Fundraising – A practical handbook |
http://www.institute-of-fundraising.org.uk/guidance/research/trustees-and-fundraising/ |
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Data protection rules |
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Fundraising Regulator Code of Practice |
https://www.fundraisingregulator.org.uk/code-of-fundraising-practice/code-of-fundraising-practice/ |