We consider complaints about charitable fundraising where these cannot be resolved by the organisations themselves. We do so by considering whether the fundraising organisation has complied with the Code of Fundraising Practice (the code), which outlines the legal requirements and best practice expected of all charitable fundraising organisations and third party fundraisers across the UK.
We may also initiate investigations where we believe or suspect a breach of the code may have occurred, even though no complaint has been received or where the complaint has been withdrawn.
This process does not, and is not intended to, cover every eventuality. Where an eventuality is not covered, we will use our professional discretion to apply our regulatory policies and procedures appropriately to the particular case in line with our overarching aims.
Our regulatory scope
We deal with complaints about charitable fundraising in England, Wales and Northern Ireland, and fundraising in Scotland where it is carried out by charities registered primarily with the Charity Commission for England and Wales or the Charity Commission for Northern Ireland.
To complain about fundraising by a charity registered in Scotland, please contact the Scottish Fundraising Adjudication Panel.
What we can consider
We can consider concerns that a fundraising organisation may have breached the code. Some examples of this are set out below:
- If a member of the public believes the fundraising organisation has made misleading or excessive requests for donations.
- If a member of the public believes a fundraising organisation has been disrespectful or treated them unfairly when seeking donations.
- If a fundraising organisation is not transparent or open about the relationship it has with a third party, for example, an agency working on its behalf.
- If a fundraising organisation has failed to respect a donor’s wishes, for example, if a donor has asked to be contacted only in a certain way.
- If a fundraising organisation has not dealt appropriately with a complaint made by a member of the public about fundraising.
What we cannot consider
- Complaints about allegations of serious or sustained misconduct by those in management and control of a charity. These are usually matters for the Charity Commission in England and Wales, the Charity Commission for Northern Ireland or OSCR (the Scottish Charity Regulator).
- Complaints that an organisation is claiming to be a charity when it is not, including allegations of fraud or criminal activity. These concerns should be put to the police or Action Fraud.
- Complaints about employment or contractual matters, either from a member of the public, an employee or third-party agency.
- Complaints that have already been brought to the attention of, and are being investigated by, the police.
- Complaints where legal action is being taken.
Fundraising complaints against charities which are only registered in Scotland. To see if a charity is registered in Scotland, search the Scottish Charity Register.
Time limits
Complaints should be made to us within two months of the organisation’s final response to a complaint.
We will consider complaints made outside of this timeframe, however, if more than two months have passed since the matter complained about it may not be possible for us to investigate effectively.
Who can complain
Our service is free and can be used by anyone who believes they have been affected by poor fundraising practice.
If we receive multiple complaints about the same issue we may identify a lead complaint or lead complaints to investigate.
If a member of the public is not able to make a complaint themselves they can ask someone to make the complaint to us on their behalf. We will ask the person making the complaint to provide us with adequate consent from the person affected before proceeding.
Reasonable adjustments
If an individual faces difficulties pursuing their complaint because of a disability we will make reasonable adjustments to accommodate their needs.
Unacceptable behaviour
We understand that in some cases complainants may contact us who are distressed and need support. If complainants are abusive or unreasonable we may restrict our contact with the complainant. In some cases, unreasonable behaviour may mean we are unable to proceed with our consideration of the complaint. Refer to our unacceptable behaviour policy for more information.
Raising concerns as a fundraiser
Fundraisers can:
- self-report if they are aware of a known or potential breach of the code and have the authority to report this on behalf of their organisation. Please refer to our self-reporting process if this applies to you.
- make a complaint as an individual if they feel they are being pressured to act in a way that is not in line with the code. Please complete our complaints form if this applies to you.
Individuals raising concerns have some protection in law under the Public Interest (Disclosure) Act (the Act). This Act protects individuals from detrimental treatment or victimisation if, in the public interest, they report concerns about serious wrongdoing at their fundraising organisation to us. However, the concerns they report must meet the conditions in the Act for a ‘protected disclosure’.
A concern from a fundraiser must relate to at least one of the following matters to qualify for legal protection from detrimental treatment or victimisation from their employer:
- a criminal offence
- the breach of a legal obligation
- a miscarriage of justice
- a danger to the health and safety of any individual
- damage to the environment
- deliberate concealment of information tending to show any of the above five matters.
The employee must:
- reasonably believe that the relevant failure relates to the proper administration of charities and funds given, or held, for charitable purposes; and/or
- reasonably believe that the information disclosed and any allegation contained in it are substantially true.
Before making a complaint
We think organisations should have an opportunity to respond to complaints before we look at a case. If someone has a complaint about fundraising they should first complain to the organisation. This is often the quickest way to resolve a complaint and for the organisation to identify learning.
Complaints should be made to the organisation within three months of the incident complained about. Organisations should usually be given four weeks to consider and respond to the complaint.
If a complainant does not receive a response or is unhappy with the response they have received they can contact us.
How to complain
When making a complaint we need the complainant to provide us with:
- the name of the organisation(s) that they are complaining about
- when the incident giving rise to the complaint took place
- a brief summary of what happened
- their name and how they would like to be contacted
- copies of any fundraising materials that may have given rise to the complaint
- any other evidence the complainant considers supports the complaint; and
- details of the response to the complaint and why the complainant remains unhappy.
We will not disclose a complainant’s identity to the organisation(s) complained about without their consent. In most cases, we will need consent to allow the organisation to respond to any enquiries we may make. If the complainant does not provide us with consent this may affect whether we can deal with the complaint.
How we deal with complaints
Acknowledgment
We aim to acknowledge all new complaints within two working days of receipt.
Assessment
A case officer will be allocated the case and act as the point of contact with the complainant and the relevant fundraising organisation. We will assess the complaint to establish whether:
- it is within our jurisdiction
- it was made to us within the time limit and if not the reasons why
- there are implications more widely for the fundraising sector
- there is a risk to the public, the charity sector, or public confidence in fundraising more generally
- there is evidence of a potential breach of the code.
We will let complainants know as soon as possible if the complaint is not in our jurisdiction.
If the complaint is in our jurisdiction we will look at whether the complaint has been put to the organisation complained about. If the complaint has not been put to the organisation we will usually ask the complainant to put it the organisation complained about first.
If a complainant has received a response from the organisation and remains unhappy, or does not receive a response within four weeks, and we are satisfied that there is evidence of a potential breach of the code, and there is a risk to the public, the charity sector, or public confidence in fundraising more generally, we will usually investigate.
We aim to let complainants and organisations know whether we are going to investigate a complaint within four weeks of receipt.
Investigation
If we investigate we will share the scope of our investigation with the complainant and the organisation(s) complained about. We will identify an appropriate point of contact at the organisation to send this to, which will depend on its size and structure. If an organisation is a charity, we will ask that a copy of our scope is shared with its chair of trustees.
We will also seek any necessary evidence from the organisation involved. We will usually ask for any evidence to be provided within two weeks of the request.
We aim to complete investigations within 16 weeks of receiving a complaint. If we think it will take us longer to complete our investigation, we will let the complainant and the organisation know and provide regular updates on our progress.
Draft decision
Once we have reached a provisional conclusion, if we identify a breach of the code, we will share a draft decision with the complainant and the organisation and allow two weeks for comment.
We will consider any comments provided by the complainant and the organisation before finalising our decision.
Escalated cases
In some cases our draft decision may be considered by our Complaints and Investigations Committee (the committee).
These cases will usually contain wider learning for the sector and may include situations where:
- we have received multiple complaints about the same issue and/or fundraising organisation
- we see cases that are novel or of wider public interest
- we have identified wider or systemic issues within the complaint; or
- there might be a risk to public safety or public confidence in fundraising.
If we decide to refer a case to the committee we will write to the complainant and the organisation let them know why.
The process of investigating the complaint is the same as outlined above.
The draft decision will be referred to the committee for consideration before it is shared with the complainant and the organisation.
The committee will consider any comments made on the draft decision and approve the final decision on the complaint.
Final decision
If we have identified a breach of the code, we may make recommendations for improvement to the organisations concerned. We may also make recommendations to provide the complainant with an appropriate remedy.
We will set out in our final decision the timescales within which we expect the organisations to comply with our recommendations. Where we have investigated a charitable organisation and made recommendations, we will ask that its trustees oversee compliance with our recommendations.
Recommendations may include:
- an apology for the complainant
- further training and/or action taken to learn from the breach
- recommending that the organisation conducts an independent external audit of their fundraising.
In some cases, we may send a copy of our final decision to other relevant organisations such as the Charity Commissions or HM Revenue and Customs.
Publishing investigation summaries
Organisations will be named in all investigations into complaints. Published investigation summaries will include:
- the name of the organisation(s) investigated
- details of the complaint
- what happened
- whether the code was breached
- the decision that was reached
- details of any recommendations that we made, and
- the outcome of our investigation.
They will not include the details of those who have made complaints.
The complainant and the organisation complained about will be provided with a copy of the investigation summary intended for publication at the point at which we issue our final investigation decision. They will have two weeks to raise any concerns or comments with us.
We will not disclose additional information about the cases we have investigated to third parties, except where this is in line with our established Memoranda of Understanding.
Investigation summaries will stay on our website for two years, after which they will be removed and only available on request.
Non-compliance
If an organisation does not comply with our recommendations, we may:
- refer the case to the relevant statutory regulator, for example, the Charity Commissions or the Information Commissioner’s Office (ICO); and
- remove the fundraising organisation from our public Fundraising Directory and suspend the use of the Fundraising Badge.
External review
Our decisions are final and there is no process of appeal. However, the complainant and the organisations involved in the complaint may request a review of our investigation decisions, or our decisions not to investigate.
Requests can be made by the complainant or the organisation(s) complained about. Those from an organisation should be signed by its chair or chief executive.
Criteria for review
Investigation decisions
Complainants or organisations being complained about may request a review of an investigation decision if they can show that one or more of the following criteria are met:
- where we have refused to reopen an investigation in response to new evidence (an explanation of why it was not made available previously will be required)
- where there was a material defect in the process by which our decision was made - in particular if relevant factors were not taken into account or irrelevant factors wrongly taken into account; and/or
- where our decision is manifestly unreasonable and not one we could sensibly have made having regard to all the relevant facts.
These requests should be addressed to the Vice Chair of our board.
Decisions not to investigate
Complainants or organisations being complained about may request a review of a decision not to investigate if they can show that one or more of the following criteria are met:
- where there was a material defect in the process by which our decision was made - in particular that relevant factors were not taken into account or irrelevant factors wrongly taken into account; and/or
- where our decision is manifestly unreasonable and not one we could sensibly have made having regard to all the relevant facts.
These requests should be addressed to the Chair of our Complaints and Investigations Committee.
Making a request for review
Requests should be in writing and outline the reasons for the review request referring to which of the criteria are relevant. The request should also provide any additional evidence being relied upon.
The request for a review must be made within four weeks of our investigation decision, or decision not to investigate. However, we will consider requests outside of this time limit in exceptional circumstances.
Please specify if the message is for the attention of our Vice Chair or the Chair of our Complaints and Investigations Committee. Contact us:
- by email at admin@fundraisingregulator.org.uk
- by post at Fundraising Regulator, Eagle House, 167 City Road, London, EC1V 1AW.
If a person or organisation is unable to make a request in writing, please call 0208 154 0362 to record a message with the details and a member of our team will call back.
Considering a request
Our Vice Chair or committee chair will consider the request for review and may seek further information from:
- the casework team
- the committee
- the complainant; or
- other organisations involved.
They will then either:
- determine that there are no grounds for review; or
- refer the case back to the casework team and/or the committee for reconsideration, in particular if relevant factors were not taken into account or irrelevant factors wrongly taken into account.
Once they have reached a decision the Vice Chair or committee chair will respond to the person or organisation requesting the review to explain the decision.
Other people and organisations involved in the complaint will also be notified of the decision.
No grounds for review
In circumstances where our Vice Chair or committee chair determines there are no grounds for review, they may still recommend that the casework team make minor changes to the decision wording or our processes. This does not mean that the decision itself will be reconsidered.
This could be specific to the individual case that is subject to the external review request. For example: to correct mistakes or for clarification in the wording of an investigation decision or investigation summary, or a more general recommendation for changes to the complaints process to improve the way cases are handled in the future.
Involvement of the external reviewer
If the person or organisation which requested the review remains dissatisfied following a response from the Vice Chair or the committee chair, our external reviewer can consider, independently, whether there are grounds for them to review the case.
Making a request for review
The request for the external reviewer to consider the case must be made within four weeks of the initial review decision.
Please specify that a message is for the attention of the external reviewer. Contact us:
- by email at admin@fundraisingregulator.org.uk
- by post at Fundraising Regulator, Eagle House, 167 City Road, London, EC1V 1AW.
If a person or organisation is unable to make a request in writing, please call 0208 154 0362 to record a message with the details and a member of our team will call back.
Grounds for review
If an external review is required, the external reviewer will have access to all the information obtained as part of our investigation.
The external reviewer may also request further information from us, the complainant or the organisations concerned.
The external reviewer will provide an analysis outlining their views about how robust our decision was. This will include determining whether we have acted reasonably and followed our procedures correctly. The external reviewer cannot replace our decision with their own but is asked to provide their findings and conclusions about:
- any key facts that are in dispute and whether any factual inaccuracies require amendment; and/or
- whether the decision (in whole or in part) is manifestly unreasonable; and/or
- whether there was a material defect in the process by which our decision was made.
If the external reviewer:
- considers that a decision made by us is manifestly unreasonable; and/or
- there was a material defect in the process by which the decision was made.
they may make recommendations which could include reconsideration of the decision and/or further investigation by us.
The external reviewer will share their review with us, before it is sent to the complainant and organisations, so that we can check it for clarity and factual accuracy. It is not our role to challenge or disagree with the conclusions of the review.
The outcome of the review will be shared with our Vice Chair. The Vice Chair will send it to the complainant and organisations involved with details of what action, if any, is being taken by us in response.
The external reviewer will provide a report of their activities to be included in our annual report.