updated guidance for charities: charities and fundraising and reporting serious incidents

New guidance on fundraising has been published by The Charity Commission. 'Charities and Fundraising, which is available from the Charity Commission website, will help charities comply with legal requirements and best practice when fundraising, guaranteeing that all funds are used for the purposes in which they have been raised. Risk management and advice for trustees when considering which fundraising method to use are all included. Advice is also given on common problems which can arise.

Clarification of how the self regulation of fundraising sits alongside the Commission's regulation of charity law is also included in the guide. Details can be found on self-regulatory fundraising bodies and industry developed Codes of Fundraising Practice.

New guidance has also been published on reporting serious incidents. Trustees, or parties to whom this responsibility has been delegated, should report serious incidents to the Commission as soon as they become aware of them. 'Reporting Serious Incidents', which is also available from the Charity Commission website, provides an explanation as to why trustees need to report cases of actual or suspected harm of beneficiaries to the commission in addition to other agencies which have a regulatory interest. A more in-depth detailed explanation of the Commissions role is also included in the guidance.

The Commission expects trustees to act responsibly and appropriately when managing such incidents, to take reasonable steps to prevent them from happening again and to efficiently manage any risks to the charity.

As a matter of best practice, the Commission recommends that trustees of all charities report any serious incidents to the Commission. As part of the annual return for charities with an income over £25000, trustees must sign a declaration that there are no serious incidents that should have been brought to the Commissions attention but have not. If charities are incapable of making this declaration then the annual return is not complete and their legal responsibilities will not have been met.

The newly updated guidance for trustees describes which incidents are serious and should be reported, how trustees are able to do this, and the precise information the Commission requires.

The updated guidance now also provides:

  • detailed clarification on reporting fraud, theft, and other significant loss of funds or property
  • detailed explanation of the Commission's role and regulatory remit and how this relates to other agencies
  • guidance on how trustees can report to the Commission when serious incidents occur regularly in their charity
  • a section about safeguarding vulnerable beneficiaries accompanied with information on the Independent Safeguarding Authority and the Vetting and Barring Scheme
  • clarification about the confidentiality of serious incident reports

Read the fundraising guidance on the Carity Commission web site

Read the serious incidents guidance on the Charity Commission web site.

For further information, contact Elizabeth Davis in the Charities group on 023 8085 7011 or email elizabeth.davis@bllaw.co.uk.