A memorandum of understanding ('MoU') signed by the
Charity Commission and the Fundraising Regulator which
'provides a framework for closer working' between
the two regulators.
The MoU highlights that the Charity Commission's focus in
dealing with fundraising concerns is the charity trustees'
compliance with their legal duties. The MoU sets out the following
situations where the Fundraising Regulator will immediately refer
complaints to the Charity Commission:
serious concerns about trustee
conduct including significantly poor governance, failure to control
or manage conflicts of interest and poor due diligence
serious concerns about financial
management including significant financial loss, failure to account
for funds raised and low charitable spending;
serious breach of trust including
inappropriate methods of fundraising which pose a significant risk
to public trust and confidence;
serious concerns that a charity is
not being used for exclusively charitable purposes or was set up
for illegal or improper purposes; and
repeated failure by a charity to take
adequate action to address rulings set by the Fundraising Regulator
and in particular by the Adjudication Committee.
The Charity Commission may become involved where the fundraising
is carried out by a charity, its subsidiary trading company or
another person or organisation on the charity's behalf.
The MoU notes the extensive powers available to the Charity
Commission, but highlights that these may only be used in order to
acquire information for use in discharging the Charity
Commission's own statutory purposes and not simply in order to
obtain information for the Fundraising Regulator. However, the
Charity Commission considers that the Fundraising Regulator would
be a relevant public authority for the purposes of sections 54 and
56 of the Charities Act 2011 and therefore the Charity Commission
would be able to make disclosure to the Fundraising Regulator of
information which it holds for other purposes.
The Fundraising Regulator will also share information with the
Charity Commission, including notifications that complaints are
being referred to the Adjudication Committee at stage 3 of the
Fundraising Regulator's complaints process, details of
organisations whose membership of the Fundraising Regulator has
been refused, and to share concerns the Fundraising Regulator has
about individuals whose conduct in relation to charity fundraising
is such that it raises doubts about their fitness to act as a
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