BWB Highlights

Organisations involved in fundraising will need to plan for the further changes to the Code of Fundraising Practice announced on Monday. See today’s Briefing for the headlines.

We are delighted to have certified as a B Corp. Click here to read the article in the Civil Society.

At a glance

Sir Stuart Etherington’s report on the review of fundraising is due to be published this week.

The Charities (Protection and Social Investment) Bill has had its third reading in the House of Lords.

CAF has published a research report comparing the views of MPs and the UK public on charities, “Under the Microscope: Examining the future of charities in Britain”.

Social Enterprise UK has launched its “State of Social Enterprise” report.

Charity Commission

Has published the following from its Annual Public Meeting which took place last week:

  • William Shawcross’ introduction
  • Slides from the CEO Paula Sussex’s part of the meeting
  • Lecture given by the Rt Hon Frank Field MP

Has published its inquiry report into Ezras Yisroel Trust, a “double defaulting” charity.

Has launched inquiries into:

  • The Enfield Island Village Trust. The main issue is whether there are any validly elected trustees, but also potential unmanaged conflicts of interest in the appointment process of the supplier who provides estate management services to the village.
  • Rhema Church London, a Christian charity. Issues include whether expenditure incurred on the charity’s credit cards of £203,707, and petty cash expenditure of £76,161, were incurred in accordance with the fulfilment of its objects. 

On 30th October, the Commission is hosting a one-day fraud conference to equip trustees and managers with the knowledge and skills to recognise fraud. For details click here.

Charity Tribunal

new appeal has been filed by The Don Miller Charitable Trust, a charity providing sports and recreation facilities for young people and people with disabilities. There are no details available regarding what the appeal is about.

Charities (Protection and Social Investment) Bill

The third reading in the House of Lords took place on Monday 14 September 2015.  There was mainly discussion of the fundraising provisions in the Bill.


BWB's Onboard governance development programme has released an essential new publication, “Wired to Govern: a trustee's handbook for the digital revolution” 

And for community interest companies, BWB has helped develop “Governance for Community Interest Companies: A Practical Framework”.  This offers practical principles, hints and tips for anyone looking to demystify governance and build firm governance foundations for their CIC.  


CAF has published a report comparing the views of MPs and the UK public on charities, “Under the Microscope:  Examining the future of charities in Britain”. It is based on ComRes polling of a representative sample of 150 MPs and 2,071 UK adults over the summer.  CAF says it “gives the first full insight into the impact of recent high profile fundraising controversies on how parliamentarians and the public view charities.”


On Monday, the Institute of Fundraising announced a number of proposed changes to the Code, including:

  • Every addressed fundraising communication will be required to carry a clear message explaining how donors can easily ‘opt-out’ of receiving future communications;
  • Minimum font sizes will be introduced for opt-in and opt-out statements on all printed communication (including newspaper adverts);
  • Charities will be banned from selling any individual’s data to a third party;
  • Charities will only be able to share an individual’s data with third parties for fundraising communications if that individual has ‘opted in’ and provided express consent;
  • A new clear requirement will be introduced to ensure fundraisers end a telephone call when asked;
  • All fundraising calls from agencies and call centres will have to be made from an identifiable number;
  • The current grey area around ‘reasonable persuasion’ in the Code will be replaced with a clear requirement prohibiting intrusive or persistent behaviour that places undue pressure on a person to donate.

Implementation dates for the changes have not been fixed yet and will be announced in due course, along with accompanying guidance.

Sir Stuart’s report on the review of fundraising is due this week.

A further evidence session of PACAC (successor to PASC) in relation to its inquiry into charity fundraising is expected in October.  New Philanthropy Capital has published its submission to the inquiry.

Also see item above under Charities (Protection and Social Investment) Bill.

The Institute of Fundraising has announced the IOF Standards Committee will develop the content of the Code of Fundraising Practice as it relates to legacy management.

Social investment

Big Society Capital has published blogs:

Social enterprise

Social Enterprise UK has launched its “State of Social Enterprise” report.  The report shows how social enterprises are outperforming their mainstream SME counterparts in nearly every area of business: turnover growth, workforce growth, job creation, innovation, business optimism, and start-up rates.  The Minister for Civil Society Rob Wilson spoke at the launch.

Also see item under Governance above.


A new report, “The Inclusive and Accessible Stadia Report” has highlighted what Ministers have called an ‘inexcusable’ lack of disabled access at some sports clubs and venues.

Data protection

The Information Commissioner’s Office has:

  • Fined a company £75,000 for making for making unsolicited marketing calls to sell cold call blocking devices.  Interestingly, the ICO monitored the company and gave it a time period in which to improve, but the company ignored the warnings and continued with the calls.

Legacies Roundup

Click here to read our latest Legacies Roundup from BWB’s Charity Legacies, Trusts & Probate Disputes team

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Christine Rigby

Senior Consultant

+44(0)20 7551 7712

View full information about Christine Rigby

Posted on 22/09/2015 in Legal Updates

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