The Fundraising Regulator has found that an allergy charity breached its code of practice four times after concerns were raised over its use of a memorial fund.
The regulator investigated Anaphylaxis UK following a complaint from a member of the public regarding the Owen Carey Memorial Fund, which had been set up by Carey’s family following his death from anaphylaxis in 2017.
The complainant said their family raised money following their son’s death believing the funds would be ring-fenced and used with their input.
However, they later discovered the donations had not been restricted and were instead used to support the charity’s general objectives.
After being dissatisfied with the charity’s response and its refusal to reallocate the funds, the complainant referred the matter to the regulator.
Four code breaches found
Upon investigating, the Fundraising Regulator found that since the fundraising had taken place, the charity had undergone a complete staff change, meaning that it was unable to speak directly with the fundraising team that supported the family.
Nevertheless, it found that Anaphylaxis UK had breached the code’s standard related to providing volunteers with the appropriate information and support on volunteer fundraising.
The charity had initially considered the complainant and their family to be fundraising “in aid of” the charity rather than “on behalf of” the organisation.
However, the regulator concluded that the family was in fact acting as volunteer fundraisers for the charity, which was therefore responsible for ensuring their compliance with the code.
This meant that the charity was likely unaware of its responsibilities, meaning the complainant was not properly informed before they began fundraising for the charity and the code was breached.
Upon investigating the JustGiving campaign page for the memorial fund, which was established and managed by the charity, the regulator found further code breaches.
It found the charity failed to provide sufficient information to enable donors to make an informed decision over their donations.
The charity did not use donations for the purpose they were given, the regulator found, as the JustGiving page did not include sufficiently specific details on how the donations would be spent.
However, the regulator concluded that the charity did not breach the section of the code relating to misleading communications, as it found that at the time of the fundraising, the charity genuinely intended to collaborate with the complainant and their family.
“Unfortunately, due to a complete change in leadership and the lack of documentation supporting this decision, the funds were used for other purposes,” the regulator said.
Regulator’s recommendations
The complainant requested that the funds be recovered from the general fund and allocated to a project for which they can approve or, at the very least, have some input.
However, the regulator concluded that this was “unrealistic and potentially unachievable” due to trustees ultimately having the final say on how funds should be used.
Instead, the regulator recommended that the charity review current interactions with “in aid of” fundraisers.
It said the charity should assess and improve the communication strategies it uses with donors who may be in vulnerable circumstances and review whether accumulated funds from the JustGiving campaign were spent on activities aimed at raising awareness among young adults, as per the family’s wish.
The regulator also recommended that the charity’s trustees should consider whether it is appropriate to involve the family in deciding on a project that aligns with its current charitable objects, or, if legal advice confirms that it is possible, the charity may consider refunding the donations.
In a statement on its website, Anaphylaxis UK said: “Anaphylaxis UK (formerly the Anaphylaxis Campaign) acknowledges the findings of the Fundraising Regulator’s report and welcomes the opportunity to further strengthen communication and compliance across our fundraising activity.
“While the report identifies areas for improvement, it is important to note that the issues raised relate to a specific and historical case from 2018, which occurred prior to significant internal changes within the organisation. Nevertheless, Anaphylaxis UK is a learning organisation, and we welcome guidance that helps us continuously improve the services we provide to our beneficiaries.
“Since that time, we have strengthened our oversight procedures and renewed our focus on ethical, transparent fundraising that aligns with both the Code of Fundraising Practice and our organisational values.
“We have enhanced fundraising guidance for volunteers raising funds on our behalf and improved our communication to ensure clarity, particularly at times when donors may be experiencing heightened emotional vulnerability. We have also strengthened our record-keeping processes relating to decisions on the use of funds.”
