BWB Highlights

The government has announced it is pausing the implementation of a new clause in grant agreements preventing charities from using the grant monies to lobby government.

BWB's Employment team are partnering with NCVO to discuss the most topical HR issues affecting charities. See below for more information.


At a glance

The Government has published its responses to two reports from the House of Commons Public Administration and Constitutional Affairs Committee, one into the collapse of Kids Company and the other into fundraising.

HMRC has updated its Gift Aid guidance by adding a new section on Digital/Social giving.

NCVO has launched a report "Understanding the Capacity and Need to Take on Investment within the Social Sector".

The Department for Education has published updated suggested forms of privacy notice, for schools and local authorities to issue to individuals including staff, parents and pupils about the collection of personal data.

New Philanthropy Capital has published a discussion paper “School report: how can charities work best in the school system?”

From Monday 16 May all direct marketing companies registered in the UK will need to display their telephone numbers when making unsolicited phone calls.


Charity Commission

Blog

The latest blog post from the Commission is by Paula Sussex on the subject of “Why the Charity Commission is going digital”, looking at four ways the Commission’s new digital plans will affect charities:

Inquiries

The Commission has opened a statutory inquiry into Peacetrail (1154428), a charity for the advancement of the Islamic faith and the relief of poverty. The issues the inquiry will examine include:

  • administration, governance and management of the charity by the trustees
  • financial controls and management of the charity and whether its funds have been properly expended and can be accounted for
  • conduct of the trustees and whether or not the trustees have complied with and fulfilled their duties and responsibilities as trustees under charity law

The Commission has issued the latest in its series of inquiry reports into “double defaulter” charities, this time for Keren Chasodim Ltd (1143585).


General

The Government has published its response to last year’s report from the House of Commons Public Administration and Constitutional Affairs Committee into the collapse of Kids Company.   It includes a number of new proposals in relation to the Government’s approach to grants.


Tax and VAT

HMRC has updated its Gift Aid guidance by adding a new section 3.44 on Digital/Social giving.  This includes guidance on when donations collected from family and friends can be Gift Aided, and includes a number of examples.  One example clarifies a previous area of contention between Just Giving and HMRC – if a mum gives a donation to her child, with an accompanying message “From mum and dad”, it can still be gift aided. Civil Society Media reports HMRC is planning on introducing an additional step ahead of an online donation, a "pre-donation questionnaire" for a donor to complete.


Fundraising

PACAC report

The Government has published its response to last year’s report from the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) into fundraising.  

New Fundraising Regulator

The Fundraising Regulator has launched its website.  

Vulnerable donors

Charities working on policies for dealing with vulnerable donors may find some useful content in this recent report published for the financial services industry on dealings with customers in vulnerable circumstances.

Gift Aid

See item under Tax and VAT above.


Goddard Inquiry

The Goddard Inquiry will shortly be turning its attention to charities based in England and Wales with responsibilities to protect children outside of the UK from sexual abuse.   For more, see this BWB Briefing.  


Philanthropy

The charity, the National Philanthropic Trust, has launched a new website about the history of modern philanthropy.


Grants

See above under General.

The government has announced it is pausing the implementation of a new clause in grant agreements preventing charities from using the grant monies to lobby government. See this joint statement issued by NCVO, Acevo and Social Enterprise UK.


Social investment

NCVO has launched a report Understanding the Capacity and Need to Take on Investment within the Social Sector.


Social value

Social Enterprise UK has published a report evaluating three contracts with social value clauses from three different commissioning authorities. The three contracts related to health and social care services.


Social enterprise

See here for a list of Community Interest Companies registered in March 2016.


Education

Schools

The Department for Education has published updated suggested forms of privacy notice, for schools and local authorities to issue to individuals including staff, parents and pupils about the collection of personal data.

The updated model privacy notices include suggested text to:

  • Notify pupils and the school workforce through brochures or noticeboards.
  • Display on a local authority's website.
  • Explain the uses of information held about looked after children and children in need.

New Philanthropy Capital has published a discussion paper “School report:  how can charities work best in the school system?


Health

See item above under Social value.

A quarter of a billion pounds has been pledged towards the UK’s first ever Dementia Research Institute, as Alzheimer’s Society and Alzheimer’s Research UK announced £100 million of new investment last week.  

The King’s Fund has published an interview with Dame Fiona Caldicott about her review of data sharing and the security of data in the health and social care sector.

The House of Commons Library has published a briefing paper, providing an overview of the legislation, policies and services in relation to people with autism.


Faith based organisations

New Philanthropy Capital has published a new analysis of faith-based charities, which shows they represent 27% of charities in Great Britain. 


Data protection

New rules for direct marketing companies registered in UK

From Monday 16 May all direct marketing companies registered in the UK will need to display their telephone numbers when making unsolicited phone calls. Failure to comply with these rules could result in a fine from Ofcom of up to £2million in addition to the £500,000 fine that the ICO can impose. The move is intended to make it easier for consumers to report nuisance callers.  

A Scottish council has been issued with an Information Commissioner’s Office enforcement notice after repeatedly failing to train staff around data protection.  

The Information Commissioner's Office (ICO) has published a summary of responses to its consultation on the draft framework criteria for an ICO-endorsed privacy seals scheme.  A privacy seal is a "stamp of approval" that demonstrates high data protection compliance standards. PLC says it is an area that is likely to become more important in the future because of the certification provisions in the EU's General Data Protection Regulation (GDPR).   

Also see items under Education and Health above.


Northern Ireland

The Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 has received Royal Assent.


Scotland

OSCR celebrated its tenth anniversary on 25 April and issued a news item summarising its work over the past ten years and also reported on the progress ten years on of Clatto Community Woodlands, which was the first charity to be granted charitable status by OSCR.


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Disclaimer - The information contained in this update is not intended to be a comprehensive update - it is our selection of the website announcements made in the week up to last Friday which we think will be of interest to charities and social enterprises. The content is necessarily of a general nature - specific advice should always be sought for specific situations.


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Christine Rigby

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Posted on 04/05/2016 in Legal Updates

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