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Section 1

Behaviour when fundraising

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Please provide any comments you have on the redrafted code rules below. You can comment on as many rules as are relevant to you. You can also save your responses and return to them later.

You can see how rules in the current code relate to the redrafted code in the Table of Changes.

The supporting documents include Code Compliance Guides which will help you understand how to meet the requirements of the redrafted code, and a Glossary with definitions of specific terms in the redrafted rules. CCG01: Documenting your Fundraising Decisions and CCG02: Due Diligence and Fundraising are relevant to Section 1.

1. Behaviour when fundraising

1.1 General Behaviour

In this section, ‘you’ means a charitable institution or third-party fundraiser.

1.1.1

Your fundraising must be legal, open, honest and respectful.

If you are found by another body to have broken the law while fundraising, this will be considered a breach of rule 1.1.1 and you may face regulatory action from the Fundraising Regulator.


1.1.2

You must take all reasonable steps to ensure your fundraising is conducted in a way that reflects positively on fundraising in general. This includes:

    • Not unreasonably intruding on a person’s privacy;
    • Not placing undue pressure on a person to donate; 
    • Not using unreasonably persistent approaches; and
    • Accepting a request to end an interaction.

1.1.3

You must not unfairly criticise or insult other people or organisations.


1.1.4

You must not encourage an existing or potential donor to cancel or change an existing donation in favour of a donation to another charitable institution.


1.2 Informing donors and treating people fairly

In this section, ‘you’ means a charitable institution or third-party fundraiser.

1.2.1

Your fundraising must not mislead existing or potential donors. This includes:

  • Leaving out information;
  • Being inaccurate or ambiguous; or
  • Exaggerating details.

For example, you must not claim a donation will be used for a restricted purpose (such as buying a piece of medical equipment, or helping a particular child) when it may be used for another purpose.


1.2.2

When collecting donations for a specific purpose you must provide information about what will happen if the target amount is not reached or if it is exceeded.


Secondary Purposes

Charities often ask for donations for a specific purpose or with a target in mind, such as to fix a church roof, or buy a piece of medical equipment. Sometimes these campaigns do not raise enough money to meet their target, and sometimes they raise more money than is needed. If this happens it may be necessary to refund some or all of the donations.

One way to address this ahead of time is to include clear information about a Secondary Purpose when asking for donations. This can take the form of a brief explanation of how funds donated for the original purpose will be reused if the target is not met, or if it is exceeded. Examples include putting the funds towards another similar piece of work, or towards the general work of the charitable institution.

More detailed information on Secondary Purposes can be found here:

1.2.3

Before you make any direct or implied claim in your fundraising which is likely to be taken literally, you must ensure you have appropriate evidence to support the claim.


1.2.4

You must not take advantage of mistakes made by a donor.

1.2.5

When talking to existing or potential donors about the financial benefits of a donation, you must explain that you are not offering financial advice.

1.2.6

You must take all reasonable steps to treat existing or potential donors fairly, so that they can make an informed decision about any donation.


1.2.7

You must not exploit the trust, lack of knowledge, apparent need for care and support, or vulnerable circumstances of an existing or potential donor at any time.


1.2.8

You must give due consideration to the needs of existing or potential donors who may be in vulnerable circumstances or need extra care and support to make an informed decision. This includes:

  • Not accepting a donation if you know or have reason to believe a person is unable to make an informed decision to donate.
  • Returning a donation if you discover that the donor was not able to make an informed decision at the time of the donation

You are not expected to assess every existing or potential donor’s capacity to make an informed decision. The Chartered Institute of Fundraising (CIoF) provides guidance on Treating donors fairly


1.2.9

You must take all reasonable steps to avoid asking for regular donations (for example, by direct debit) from anyone aged under 18. 

Under Part 4 of the Gambling Act 2005, you are legally required to return money you receive from anyone under 16 for a charity lottery.


Legal Requirements for Treating People Fairly

In England, Wales, and Scotland, under the Equality Act 2010 you are legally required to ensure your fundraising does not discriminate against people with characteristics protected under the law.

In Northern Ireland, fundraising must meet equality law as it applies in Northern Ireland. You are legally required to ensure your fundraising does not discriminate against people with characteristics protected under the law. Each protected characteristic has its own specific piece of legislation and anti-discrimination law is not consolidated into one specific act.

You can find more information about this from:

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