Our Health and Social Care team has been representing Care England to date in its application and will be preparing the case for the next month’s hearing on 20-21 March.
(You can read the last e-briefing here)
On 7 June, the Charity Commission published updated fundraising guidance, CC20.
So what is new?
A change in emphasis
The new guidance was prompted by the much publicised events of last year. Unsurprisingly, there is a clear focus on the need for trustees to oversee fundraising and to ensure that fundraising is carried out in a way that reflects the charity’s values.
In a situation like this there is a risk that the pendulum could swing too far with heavy handed guidance leaving trustees so anxious that they seek to micro-manage fundraising operations. The consultation on the draft revised guidance helped avoid that. The tone of the guidance is well judged overall, encouraging trustees to establish systems and processes that deliver information at ‘the appropriate level of detail’ so trustees can oversee the charity’s fundraising and hold those involved to account.
The draft guidance highlights six key responsibilities for trustees:
- effective planning,
- supervising fundraisers,
- protecting the charity’s reputation and other assets,
- complying with fundraising law,
- following recognised standards, and
- being open and accountable.
There is little surprising here. The guidance is set out clearly and will strike many trustees as straightforward common-sense guidance. It also provides a useful framework for a conversation between trustees and managers responsible for fundraising – and it is clear from the guidance and accompanying blog that the Charity Commission wants to encourage such conversations. The Commission wants trustees and fundraisers to understand each other’s role so trustees can provide oversight and challenge saying: ‘Trustees should be bold about that challenge and fundraisers should welcome it.’
However, trustees will have to look beyond the guidance itself if they are going to deliver the ‘step change in charities’ approaches to fundraising’ the Commission expects. Fundraising is complex and the same is true of the law governing it. In many areas such as the rules on cause related marketing and ‘commercial participators’ the law is both poorly understood and badly enforced. The new guidance highlights some of these issues and signposts sources of further information including relevant codes of practice. There is also a forthcoming guide from the Institute of Fundraising supported by sector bodies which may provide a useful practical perspective. Even so, many trustees will lack the time or inclination to get to grips with such issues without support.
Overseeing fundraising effectively is a critical part of any charities work and a key component of good governance, particularly for those charities that make substantial fundraising appeals to individual donors. As the Commission acknowledges, many boards of trustees will need to ‘skill up’ by:
- arranging training,
- recruiting new trustees with relevant expertise, or
- seeking specialist advice.
For more information
Please contact Shivaji Shiva.
Anthony Collins Solicitors has updated the National Community Land Trust (“NCLTN”) Model Rules.
Currently, the law doesn’t allow a single parent with a child born via surrogacy to obtain a parental order, leaving their family legally vulnerable.
The national study, Why Asthma still kills, involved a detailed examination of the circumstances surrounding 195 deaths from asthma in the UK in 2012.
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.