The Charity Commission has published a report of its casework during the 2024 General Election, revealing a significant decline in serious concerns about a charity’s campaigning activity compared with previous elections.
The regulator praises the sector for its conduct during the UK General Election, with its Chair, Orlando Fraser KC, restating the sector’s right to campaign and reminding all that this right is enshrined in charity law.
The report found a rise in proactive efforts by charities to seek advice from the Commission and a 60% decline in high-risk cases compared to the 2019 election. It features illustrative case studies relating to the Royal Society for the Protection of Birds, the Big Help Out run by The Together Initiative, the Trussell Trust, Age Concern Wolverhampton and British Alevi Federation.
The law is clear about the right of charities to campaign provided it is in support of their purposes and that they take a neutral stance on party politics. This is something that the Commission has made clear in its published guidance which helps charities campaign within the law and continued to reiterate as the General Election approached.
The report reveals that out of more than 170,000 registered charities, the regulator opened just 34 new compliance cases to assess concerns and responded to 35 advice requests, between 22 May 2024 and 4 July 2024. This figure relates specifically to activities around general election campaigns. Only 14 of these were high-risk cases, less than half the number seen during the 2019 election, which the regulator has said represents a positive and significant decline.
The cases opened came from a variety of sources such as complaints to the Commission, charities proactively reporting incidents via the Commission’s Serious Incident Report process, and proactive monitoring by the regulator.
The report carries reflections from the Charity Commission on how charities can speak up for causes they serve whilst engaging in debate lawfully in line with the regulator’s guidance on campaigning and political activity. It goes on to thank the sector for engaging with its guidance.
The regulator identified three key themes in its engagement with charities during this period:
- charity leaders expressing support for a political party or candidates
- visits to charities by prospective candidates
- charities’ use of social media in campaigning.
The Commission took a proactive approach ahead of the election to help charities to get things right. The regulator promoted its guidance on campaigning and political activity, including specific guidance when operating during an election and its ‘5-minute guide’ on campaigning for those in need of a quick refresh of their knowledge.
Orlando Fraser KC, Chair of the Charity Commission, said:
“A General Election is a critical moment for charities which provide vital insight on how to address issues facing our society. From the outset, we’ve highlighted the valuable role of charities. I have also set out our expectation that they take the lead in encouraging debates that are held with respect, tolerance and consideration of others at a time when, sadly, this is not always the case in public discourse.
“This election has seen some of our lowest case numbers which is true testament to the constructive and lawful way the sector has engaged with debates on the issues they champion. Many charities have effectively used their voices with confidence while following electoral and charity law – supported by our published advice and guidance. We will continue to use our voice to explain charities’ right to campaign lawfully.”
