Excellent fundraising for a better world Code and Self-regulation update Daniel Fluskey, Head of Policy and Research

Excellent fundraising for a better world …so what’s happened, and what’s happening next

Excellent fundraising for a better world …so what’s happened, and what’s happening next June – Fundraising Standards Board released an ‘interim report’ into their findings from the complaints they had received following the death of Olive Cooke with a number of recommendations June – IoF made some changes to the Code of Practice ‘Oughts to Musts’ and set up four task groups to review: -Data -Frequency and pressure -Managing preferences -Telephone fundraising All reported to IoF’s Standards Committee in September

Excellent fundraising for a better world …so what’s happened, and what’s happening next At the same time…. Political pressure – “Olive’s law” BBC One Show and ‘opt out letter’ Undercover investigations: -Telephone fundraising agencies -Data sharing and selling

Excellent fundraising for a better world …so what’s happened, and what’s happening next And….the whole system of regulation of fundraising is being reviewed Sir Stuart Etherington review of fundraising self-regulation (and SCVO review in Scotland) Public Administration Select Committee: inquiry into fundraising Issues being considered: the roles and functions of the bodies involved, a ‘universal’ system, who should set the Code, sanctions for breaches New Charity Commission guidance for trustees to be introduced

Excellent fundraising for a better world Etherington Review - recommendations Abolition FRSB – not fit for purpose Independent Fundraising Regulator (£2 million; 20 FTE) universal application, paid for by levy, stronger sanctions closer link to Charity Commission, OSCR, NICC Code to Fundraising Regulator Fundraising Practice Committee and Complaints Committee IoF and PFRA merge Fundraising Preference Service Move to Opt-in

Excellent fundraising for a better world SCVO review Trustees to take responsibility for their charities respective fundraising Views of the public and donors aren’t sufficiently represented Sharp increase in concerns expressed about fundraising practices IoF should take the lead in changing the culture in fundraising Nod to the possibility of a Scottish fundraising regulator being set up. “Scottish based charities overall favour a fully devolved Scottish system whereas cross border charities see UK set up as fine” Sanctions should be decided by charities themselves and enforced by an “appropriate regulator” Current self-regulatory is confusing and ineffective Opt-in membership to the self-reg system viewed as problematic

Excellent fundraising for a better world What happens next? Minister to appoint founding Chair “Summit” within 4-6 weeks Up and running within 6 months Code transfer within 18 months CC20 review; IoF/ncvo/acevo guidance Information Commissioner’s Office to produce guidance on consent Currently feels we are in limbo Ongoing scrutiny –Charities Bill in the House of Commons –More undercover investigations? –Olive Cooke final report

Excellent fundraising for a better world …so what’s happened with the Code and what happens next Future changes to the Code: 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 statement on all printed communication (including newspaper adverts) Charities will be banned from selling their data for commercial gain Charities will only be able to share data with other charities if an individual provides express permission and ‘opts-in’ to doing so Unreasonably persistent approaches; undue pressure; undue intrusion on privacy (New legislative requirements)

Excellent fundraising for a better world A fundraising preference service? Recommended to be established by the new regulator Provides a ‘reset’ button for people on fundraising communications We’re looking at this now and gathering thoughts and ideas from members – what types of communications would it stop; how can it best reflect individuals’ preferences; does it override a direct relationship and consent given from an individual to a charity?