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The FRSB is considering changing its constitution to allow it to address on complaints about fundraising carried out by charities and agencies that are not FRSB members.
Alistair McLean (pictured), chief executive of the self-regulatory body, confirmed to Charity News Alert that the board discussed the possibility at its meeting last week.
He said the regulator “regularly receives complaints about correspondence from non-members” and was coming round to the opinion that it should pass judgement on these as well as fundraising by its members.
However, the Board’s memorandum and articles do not currently allow for it to consider complaints against non-members.
Following the meeting, McLean said he now has some “procedural matters” to look into before the matter can proceed further. “Quite a number of issues need to be considered,” he said. “We are a self-regulatory body, after all. Our constitution was never designed for adjudicating against non-members.
“This would require quite a big step-change in the FRSB’s resource. We have quite small resource at present.”
Asked whether he was worried about the threat of litigation from non-members publicly criticised by the Board, he said: "Not if we are telling the truth. But if it is a view it could be interpreted different ways by different people."
He said the FRSB had "normal public indemnity insurance" against the threat of litigation.
Rodney Buse, the author of the report that established the framework for self-regulation of fundraising, did not think the FRSB's proposal would work.
"We can't assume that an elite club can impose standards on organisations that are not members of that club," he said.
Andrew Scadding, chief executive of the Thai Children's Trust, which has not joined the FRSB because its constitution does not allow members a vote, agreed.
"Where are the rights of the charity? They will be judged by people over whose appointment they have had no say. It’s wholly undemocratic and unworthy of the sector."
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Rachel Hudson
Senior Planner
DMS
9 Jul 2009
I'm afraid I can't see why the FRSB needs to get involved in non member advertising. All advertising can be adjudicated by the ASA and needs to conform to the CAP code. http://www.asa.org.uk/asa/codes/cap_code
If the FRSB is really worried about a non member piece it can always refer the compainant to the ASA.
Surely we should be striving to make life easier for people to raise funds, not constraining them on the grounds of subjective views around use of emotional guilt.
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