The Regulator for Charities in England and Wales
In the first instance, we suggest you read our booklet CC47 Complaints about Charities, which is available on the publications page on our website. This booklet has been revised to reflect the Commission's approach to managing risk following the introduction of the Charities Act 2006. It explains when we will and won't get involved, and the information that we need. It also gives guidance on how to set out your complaint and where you should send it. If you would like any further advice, please call our Contact Centre on 0845 300 0218.
We have new guidance for trustees Conflicts in your Charity which sets out what a charity should do if it gets into a dispute. It is the responsibility of trustees to ensure that disputes within their charities are resolved. We will become involved with a dispute only where there are no validly appointed trustees and all other methods of resolving it have failed. The guidance also provides a list of useful organisations that might be able to provide further help or guidance.
The Commission's view is that any charity collection, whether it is held in the street or a public place, such as a shop doorway, shopping mall or railway station, should be licensed by the local authority. A charity collection includes the sale of goods or magazines if the proceeds are for a charitable cause.
You should contact the licensing officer of the district authority in which you intend to collect (in London, contact the Metropolitan Police) and, of course, the manager of the premises. Leaflet CC20 Charities and Fund-raising provides further information.
Generally speaking, yes. But if you are running the event in a public place you should check with the licensing officer as to whether any permission is needed. Although most people these days are very tolerant of sponsored "fun" events of this kind, you must remain alert to the possibility that some events might offend or alienate people and that the charity concerned may have a view on this form of fundraising also.
Again, you will need to contact your local authority licensing officer (in the London area, contact the Metropolitan Police). They will be able to tell you whether you need a licence, how to get one and what you need to do in order to meet their regulations. It should be noted that collections undertaken from one public house to another are regarded as house to house collections and a licence must always be obtained. Our publication, CC20 "Charities and Fund-raising" gives further details.
Yes, but you must not call it a charity collection. This is because of the general legal principle that charities are for the benefit of the public, or a significant section of the public, not for an individual. Check with the licensing officer if you are proposing to carry out a street or house to house collection. Although fundraising of this kind is not legally charitable, we would nevertheless recommend that proper accounts are kept.
If the charity has an annual income of over £10,000, any printed or written request for money must state that the charity is registered. Fundraising appeal literature should state clearly what the fundraising is for, and should explain what steps will be taken if the sum collected exceeds the amount needed or falls short. If this happens, the Commission can advise charity trustees about what options there are to deal with the situation.
Yes, but you will still need to comply with any relevant legislation, such as Part II of the Charities Act 1992. The Commission strongly advises that legal advice should be sought from a solicitor who specialises in this developing area of the law. Some of the issues that trustees need to bear in mind include:
Please see paragraphs 27 to 31 of our leaflet CC20. You can view it on our website or order it by getting in touch with our Contact Centre 0845 300 0218. For further advice, read the guidance published on the Gambling Commission’s website (http://www.gamblingcommission.gov.uk/client/index.asp).
You can find full details on our Access to Charity Commission records page.
Please see our page on Reporting and Accountability for information on how to meet requirements for Annual Returns and Accounts