BWB Highlights

Regulation of fundraising

The Government has now confirmed it will be implementing all of the recommendations made in Sir Stuart’s report, with what sounds like some statutory backing to some of the proposals.  See today’s briefing for details and sign up for our event on Thursday 15th October. The event will cover use of historical databases and issues arising from sharing of personal data, consent for direct marketing, vulnerable supporters, reasonable persuasion and the legal and regulatory framework. 


At a glance

The Charity Commission has issued a regulatory alert reminding charities of the requirement under the Terrorism Act 2000 (TACT) to report certain terrorist financing offences.

Joseph Rowntree Foundation has published a report “How to improve and support services for destitute migrants”.

New Philanthropy Capital has published an introduction to new funding sources for trustees.

The ICO has fined a green energy company, Home Energy & Lifestyle Management Ltd (HELM) £200,000 after ruling that it recklessly broke marketing call regulations.

Scotland’s charity regulator has announced a consultation on a full revision of its key guidance for trustees.


Charity Commission

Has issued a regulatory alert reminding charities of the requirement under the Terrorism Act 2000 (TACT) to report certain terrorist financing offences.  Section 19 of TACT creates an obligation for a person who, during the course of their employment ‘believes’ or ‘suspects’ another person has committed an offence under section 15-18 of TACT, which are terrorist financing offences. Such persons must report it as soon as is reasonably practicable, along with the relevant information to a ‘constable’  The Charity Commission has flagged that it expects trustees to ensure that any suspicions or beliefs reported to a ‘constable’ under section 19 of TACT are also reported to it under the Commission’s Serious Incident Reporting framework.  

Has issued a case report relating to Land at Stirchley Birmingham.  The Commission gave authority for a local authority trustee to swop land held by it in its capacity as the local authority for land held by it as trustee for the charity – on the grounds the charity ended up with a larger piece of land, not far from the original land, which could be used for the charity’s purposes.  


Fundraising

On Saturday, Rob Wilson announced the Government will be implementing all the recommendations made in Sir Stuart’s report. The suggestion in the government press release is that the new regulatory framework will be backed by statutory provisions.

William Shawcross, Chair of the Charity Commission, has welcomed this saying “Charities must now step up to reform and strengthen self-regulation, and to show that they can and will put the public interest first. The Charity Commission will play its part to support the development of the new fundraising regulatory body"

On some aspects of Sir Stuart’s proposals:

  • Civil Society Media reports some charity finance experts have warned that the information about which charities spend more than £100,000 on fundraising is not as readily available as Sir Stuart’s review report suggests and that the proposals would require charities to either voluntarily change the way they declare income, or make additional disclosures in their annual returns.  
  • Elizabeth Chamberlain of NCVO has written this blog on what the fundraising review means for charity trustees.

This is also an interesting read – it’s the submission from the Information Commissioner’s Office to PACAC(the Parliamentary Committee examining charity fundraising).


Service to migrants

Joseph Rowntree Foundation has published a report “How to improve and support services for destitute migrants”   

As part of the same project, the Association of Charitable Foundations has published the following  4 documents on the legality of support for migrants, including asylum seekers, with no recourse to public funds. This includes legal opinion of the interaction between immigration law, social housing and charity law. BWB was pleased to be part of this project and to provide the legal opinion in Annex A.


Social finance

Social Finance has announced that it has successfully raised £1.1 million to support the expansion of Shared Lives schemes across the UK. Shared Lives offers personalised, high quality care for adults with learning disabilities and other needs, where carers share their lives and often their homes with those they support. The fund has made its first two investments into Shared Lives schemes in Lambeth and Manchester and initially it will work with three other local authorities across the country to support more vulnerable adults to return to the community.  

This is an interesting blog published by the European Venture Philanthropy Association about what UK social investment can learn from its international partners.  

New Philanthropy Capital has published an introduction to new funding sources for trustees.


Data protection

The Information Commissioner’s Office has fined a green energy company, Home Energy & Lifestyle Management Ltd (HELM) £200,000 after ruling it recklessly broke marketing call regulations.  HELM made over six million calls as part of a massive automated call marketing campaign offering ‘free’ solar panels.  

Also see under Fundraising above.


Public procurement

The Crown Commercial Service has published new guidance on electronic procurement and electronic communication under the Public Contracts Regulations 2015. This provides an explanation of the key changes introduced by the new Regulations in relation to electronic communications between authorities and suppliers, including the phasing in of the mandatory use of electronic communications, and the use of electronic auctions and electronic catalogues. The guidance then answers a number of frequently asked questions about aspects of the application and interpretation of the new rules.


Scotland

Scotland’s charity regulator has announced a consultation on a full revision of its key guidance for trustees.


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Wired to GovernBased on OnBoard's newest guidance, 'Wired to Govern: A trustee's handbook for the digital revolution', we are holding two Wired to Govern masterclasses.

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Christine Rigby

Senior Consultant

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+44(0)20 7551 7712

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Posted on 06/10/2015 in Legal Updates

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