The Fundraising Standards Board has called for the Institute of Fundraising to review its codes on public collections after it was forced to expel a small charity for repeated violations of the law relating to the mechanism.
The FRSB has today published its adjudication upholding complaints lodged against Painted Children which had repeatedly carried out illegal street cash collections, sending out paid fundraisers to public sites without the required licences or permissions. The regulator has now referred the matter to the Metropolitan Police and other agencies, including the Charity Commission and Trading Standards.
In announcing the results, the FRSB has also called for clarification of the law and codes of practice around public collections. In a recommendation directed at the Institute of Fundraising, the FRSB called for a review of the codes of practice around public collections, specifically proposing that either there be a merger of current codes which relate to different kinds of public collections or that the Institute develop a specific code to cover this type of fundraising.
In a statement, the FRSB said: “It is felt that a more straightforward formal code would encourage fundraising compliance and would facilitate more robust enforcement.”
The Institute, however, has argued that existing codes are sufficient.
Louise Richards, director of policy and campaigns, said: “This issue has been considered before, and our chief executive has been made aware of it, but it was felt the complexities of such collections don’t lend themselves well to a standalone code. This is why guidance on cash collections has been created by the Institute and is already in place. Any new code would only be a signposting exercise as the appropriate guidance already exists in other codes and local authority guidance or regulation. The FRSB’s recommendation will be taken to the Institute’s Standards Committee for its consideration.”
Alistair McLean, chief executive of the FRSB, told Civil Society that he is pleased that the Standards Committee will review the recommendation. He said that in light of the evidence brought up in the Painted Children case, it is positive that the Institute may consider the codes. Responding to such cases, he said, "is a good way for codes to work".
The FRSB meanwhile also plans to speak to minister for civil society Nick Hurd and the Office of Civil Society to add to the pressure from the sector on the full implementation of the Charities Act 2006 which contains measures for the implementation of a charity collections licensing regime.
Painted Children case
In the meantime, while Painted Children have been expelled and denied renewal of membership, the FRSB has offered the charity a year-long compliance monitoring programme to help improve their fundraising practice.
For now, however, FRSB chair Colin Lloyd was scathing in his criticism of the charity.
“Painted Children has been knowingly fundraising illegally and breaching the Fundraising Promise and has shown reluctance and complacency in its approach to both its fundraising malpractice and possible resolution, which in turn caused deep concern about the charity’s governance,” he said.
This is the first time the FRSB has expelled a charity from its membership.
