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New Guidance Highlights Problems with Charity Law and why Self-Regulation must Work

Institute's response to the new guidance on professional fundraising and commercial participation

The Institute of Fundraising (‘Institute’) has cited the new guidance on professional fundraising and commercial participation, as a warning to charities as to why the sector must make self-regulation of fundraising work.

The new laws, which are provisions of the Charities Act 2006, are designed to ensure that the public can make informed decisions about making donations or purchasing a product from which a charity will benefit. They have also been devised to protect the high levels of public trust that charities need in order to thrive.

However, the guidance details highly complicated and confusing examples of public statements that are now required when making a fundraising solicitation.

Lindsay Boswell, Chief Executive of the Institute of Fundraising says:

'While this guidance is helpful, what it does demonstrate is just how difficult it is to legislate on matters that relate to fundraising practice.

'Its overall intention of greater openness and transparency is strongly welcomed and an important objective, but the cumbersome nature of the actual declaration that is required to be made by a professional fundraiser completely flies in the face of this objective.

'These requirements also discriminate against those charities which need to use third party professional fundraising organisations in order to have enough capacity to deliver successful and cost-effective fundraising campaigns. They favour those organisations which rely heavily on volunteers to undertake their fundraising.

'The Institute has also expressed its concerns to the OTS about the short time scales between the publication of this guidance and the date at which charities are required to implement the new aspects of the legislation and the consultation that is running parallel to its implementation.

'Due to a lack of resource in the Office of the Third Sector, the sector is now in a ridiculous halfway house situation where they are being required to implement these changes in legislation to be compliant by the 1st April, yet it is still subject to change until the end of May.'

The Institute is advising its Organisational membership to read the practical briefings that it has published to supplement this guidance.

-ENDS-

MEDIA ENQUIRIES
For further information please contact:
Diana Mackie Tel. 020 7840 1027 / (07793) 803721
Institute of Fundraising

Email Diana Mackie

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