Simplifying the New Political Activity Guidance from the Charity Commission
The charity sector is about as diverse as it’s possible to be, encompassing everything from local food banks and health to climate change. And these disparate voices all play a vital role in making a positive difference to society.
But there’s confusion about what role charities should play. Some argue that their only legitimate function is to provide services that address the symptoms of society’s problems. However, this view excludes advocacy work that attempts to challenge the root causes that exacerbate the problems in the first place.
The issue was brought to the forefront in 2020 when the National Trust published a report highlighting connections between 93 of its historic places and slavery. The list of sites linked to ‘colonialism and slavery’ included Winston Churchill’s former family home, citing the former prime minister’s role in the Bengal famine and his opposition to Indian independence.
The report prompted accusations of politicisation from MPs, who claimed the trust presented a negative view of Britain that didn’t represent the scholarly consensus.
In response to the furore Baroness Stowell, then-chair of the Charity Commission, suggested that in publishing the report, the organisation had strayed from its charitable objectives.
Following an investigation, it was decided the National Trust acted within the law, undertaking the project in a considered way. But the debacle led the Charity Commission to update its guidance around charities and political campaigning.
What is the updated guidance?
There’s a lot to chew through to get to the meat of the changes. But, as an early Christmas gift, we’ve sifted through the update and pulled together the key points.
Before we jump into the guidance, let’s remind ourselves of the role of the Commission.
The Charity Commission: Who are they and what do they do?
The Charity Commission is a non-ministerial arm of the government, responsible for registering and regulating charities in England and Wales. They ensure charities stay on the right side of the law, and take action against those that don’t.
What are the amended rules around political activity?
Charities can only be established for charitable purposes. An organisation that exists to further the interests of a political party cannot be registered as a charity.
Political activity is acceptable, providing it’s undertaken in the interest of supporting a charity’s purpose.
When working within the political arena, charities must emphasise their independence.
A charity must not provide support or funding to any political party, candidate, or politician. However, they can support specific policies endorsed by political parties if it helps the charity achieve its purpose.
Trustees must not allow their charities to be used as a vehicle for the expression of political views.
Charities must comply with charity laws and any other applicable civil and criminal laws when campaigning.
Political campaigns may use emotive or controversial material, where lawful and justifiable in the context of the campaign. But it must be factually accurate and backed up by evidence.
What is political activity?
Political activity is defined as any activity designed to change or influence policies or decisions taken by governments. For example, an ocean conservation charity campaigning for a government to change fishing laws to ensure sustainable levels of marine life.
Charities getting political, successfully.
That’s the definition. Now let’s look at a few examples of charities that have nailed political campaigning.
Pregnant Then Screwed
One of the many restrictions put in place during COVID was a blanket ban on partners attending the birth of their newborns.
However, Pregnant Then Screwed came to the rescue.
The charity, which works to end pregnancy and maternity discrimination, launched a peaceful protest dubbed March of the Mummies, to campaign for action from the UK Government to overcome the disadvantages mothers experience during labour.
The campaign resulted in a change in legislation, that helped get partners back on maternity wards.
Shelter
With lockdowns, furloughs, and redundancies, the impact of the pandemic on private rental tenants was significant. Thousands were left at risk of eviction due to their inability to pay their rent.
This was not something that Shelter, a charity that campaigns for tenant’s rights, could stand by and let happen. The organisation drummed up support on social media and put pressure on the government to protect tenants from the threat of eviction. This led to the introduction of a temporary ban on landlords evicting tenants and changes to the notice period they’re required to serve.
Final Word
As ‘Pregnant then Screwed’ and ‘Shelter’ have shown, it’s possible to incorporate political activity into your fundraising campaigns, providing you do so respectfully and lawfully.
If you need a talented fundraising talent to help you do it, give us a call on 0203 750 3111 or email info@bamboofundraising.co.uk.