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Section 6

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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. CCG02: Due Diligence and Fundraising is relevant to Section 6.

6. Fundraising involving children and people in vulnerable circumstances

It is important to take particular care when involving children in fundraising, whether as fundraisers, volunteers or as donors. This section includes standards on minimum age restrictions that apply when fundraising, and standards to protect children and their personal data.

There are some activities which children and young people cannot carry out. The age restriction depends on the activity and where it is carried out. These activities include:

  • Street and door-to-door collections;

  • Lotteries or raffles; and

  • Selling or handling alcohol.

For more information see:

There are some activities that young people can and cannot consent to when carrying out fundraising activities. You must exercise additional care when processing children's personal data and consider relevant legislation and guidance across the regions where you work to ensure you are operating legally and ethically.

The Children Act 1989 sets the legal definition of a child in England, Scotland, Wales and The Children (Northern Ireland) Order 1995 in Northern Ireland as someone under 18. CCEW also uses this definition in their guidance Safeguarding and protecting people for charities and trustees.

6.1 Responsibilities relating to fundraising involving children

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

6.1.1

You must ensure that fundraising activities are age appropriate.

For example, you must take reasonable steps to ensure that children under 16 are not given overall responsibility for handling or counting money.


Legal requirements for following age limits for collections

You are legally required to follow age limits for collections. These vary depending on whether they are street collections or door-to-door collections and on location.

In England and Wales:

For house-to-house collections you must not allow anyone under the age of 16 to collect money.

This is established under the House-to-House Collections Regulations 1947, as amended by the House-to-House Collections Regulations 1963.

For street collections:

  • If the licensing authority has adopted the model regulations, you must not allow anyone under 16 to carry out street collections;

  • If the licensing authority has not adopted the model regulations, you must comply with any age restrictions set in regulations made by the licensing authority;

  • In London, you must not allow anyone under 16 to carry out street collections (unless they are doing so as part of a procession, in which case they must be at least 14 and you must have special permission from the relevant licensing authority).

In Scotland, under The Public Charitable Collections (Scotland) Regulations 1984, you are legally prohibited from allowing children under 14 to take part in a street collection if it qualifies as a public charitable collection. You are also legally prohibited from allowing children under 16 to carry out door-to-door collections.

In Northern Ireland, under the House to House Charitable Collections Act (Northern Ireland) 1952 and The Collections in Streets and Public Places Regulations (Northern Ireland) 1963, you are legally prohibited from allowing anyone under the age of 16 to carry out door-to-door or street collections. Collectors aged 12 and over can carry out door-to-door collections for youth organisations which the Department for Communities has approved under an exemption order.

For more information on licensing and legal requirements, see Section 8 Public Fundraising.

6.1.2

You must have clear procedures in place to ensure all individuals fundraising on your behalf are aware of their safeguarding responsibilities towards themselves, potential donors and one another.

Procedures should set out how staff and volunteers work with all people, including:

  • Activity organisers;

  • Children taking part;

  • The parents, guardians or responsible adults of those children; and

  • All potential donors, including those in vulnerable circumstances.


Further guidance on safeguarding and fundraising

National Council for Voluntary Organisations (NCVO): People who need safeguarding while fundraising and Safeguarding for fundraising managers

6.1.3

You must only contact children on school premises if you have the approval of the head teacher or a member of the school's staff chosen by the head teacher, and you must follow any procedures you have agreed with them.

6.1.4

You must get appropriate permission from a parent, guardian or responsible adult before taking or publishing photographs of children.

You may need to seek permission again if you wish to publish a photograph another time or in a different context.


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