Doorstep fundraisers can ignore “no cold callers” signs without breaching the Code of Fundraising Practice, according to a stage-three ruling by the Fundraising Standards Board (FRSB).

But the FRSB has said the sector should consider developing its own opt-out system similar to the Telephone Preference Service.

The Code of Fundraising Practice is set by the Institute of Fundraising (IoF) but enforced by the FRSB, and the FRSB called on the IoF to consider the issue as a priority.

The recommendation was made in an FRSB adjudication published today, which says that fundraisers for Battersea Dogs and Cats Home were not "disrespectful" for ignoring a "no cold callers" sign.

The stage-three adjudication involves the board of the FRSB, and is the highest level of adjudication.

The FRSB received a complaint about a Battersea Dogs and Cats Home doorstep fundraiser, by a householder whose property displayed a “no cold callers” sign.

The complainant was unhappy with Battersea’s response that there was “a debate in the sector as to whether, in law, fundraisers constituted cold callers”.

The FRSB was asked to investigate whether the charity had breached the “respectful” principle of the Institute of Fundraising  Code of Practice.

The FRSB board said in the adjudication that "the current lack of clarity" in the Code about "no cold callers" signs - and whether they apply to charities - means that fundraisers who continue to visit these properties would not be considered “disrespectful within that context”.

The FRSB acknowledged that the issue was “ambiguous” and recommended the IoF review it as a matter of “priority”.

It recommended “the charity sector consider the feasibility of introducing a Doorstep Preference Service similar to the existing Telephone Preference Service (TPS) and Mailing Preference Service (MPS)”, in order to allow households to “opt out” of receiving visits from doorstep fundraisers.

Guidance on signs 'unclear'

The Code does not currently address the issue of “no cold callers” signage and at the time of the complaint, Battersea Dogs and Cats Home maintained that it would continue to call on households displaying the signs until more clarity was provided by the FRSB.

An initial assessment by the FRSB in June 2014 concluded that the fundraiser’s visit to the complainant’s home - in addition to the charity’s ongoing stance that it would continue to visit households displaying “no cold calling” signage - could be considered a “potential breach of the respectful principle”. As a result, it recommended that the charity revise its approach. 

But the FRSB secretariat also acknowledged that the issue of “no cold calling” signage was “unclear” and that more clarity on the subject was needed in the IoF code.

In October 2014, the case was escalated to the FRSB board at stage three and an adjudication, made on 3 December 2014 and published today, ruled that the board accepted that Battersea had allowed its agency to approach the complainant’s home. But it noted that immediate action was taken by the charity to suppress the complaint’s address following the initial objection and concluded that as a result, the charity “was not in breach of the code”.
 
The board recommended that the “FRSB write to the IoF to share its concerns that there were inconsistencies between charities as to their treatment of 'no cold calling' signs and the absence of guidance on the subject in the IoF Code” and that research be carried out “to determine the public’s views on whether 'no cold calling' signs should apply to charities”. 

Colin Lloyd, chair of the FRSB, said: “This case highlights an area of fundraising where there is a lack of consistency and some uncertainty about how charities and suppliers should act. Some charities will allow fundraisers to visit residences that display 'no cold calling' signage, while others won’t, concerned that their visit might contravene donors’ wishes or damage the brand and reputation of the charity.

“Greater clarity about how charities might handle this situation would be highly beneficial and we look forward to the outcome of the IoF’s Working Group on Doorstep Fundraising and any recommendations the group may have.”

Battersea responds

A spokeswoman for Battersea Dogs and Cats Home told Civil Society News: “Battersea Dogs and Cats Home is one of many charities using door-to-door fundraising who currently knock at homes with 'no cold calling' stickers and this remains a grey area for the whole sector.

"We are actively engaging with the review into this issue and look forward to its conclusions which are due out later this year. Meanwhile we continue to adhere to and abide by the sector's existing guidance and regulations in all our fundraising activity."

The charity said that door-to-door fundraising was an important stream of income and that fundraisers were urged to show respect when doing so.

Alistair McLean, chief executive of the FRSB, told Civil Society News: "The recommendation to explore the viability of a doorstep preference service has been made with the ultimate aim of minimising complaints from people that simply don’t want to be approached in this way. The challenge remains to ensure that any such system would not reduce the fundraising potential from this important technique.”