The Charity Commission has concluded that Tomorrow’s People adversely affected its independence and political neutrality by submitting comments to the Conservative Party which were then included in the party’s manifesto before the election in May.

Under charity law the support of a political party is not permitted. Publishing its regulatory case report into the perceived partiality of the educational charity the Commission advised: "Appearing in the party’s manifesto called the charity’s independence into question because it can be seen to be an endorsement of the wider policies of the party and consequently the party itself.

"The report reminds other charities and their trustees that charities must remain independent from party politics and cannot give support to a political party, politician or candidate.

"During an election period, the need for impartiality and balance is intensified, and charities must take particular care when undertaking any activities in the political arena to ensure that the charity’s independence is maintained and that there is no perception that its independence is being adversely affected by the charity’s activities."

Comments altered and promoted

A concern was raised with the Commission on 19 April regarding comments made by Tomorrow’s People chief executive Debbie Scott and published in the Conservative manifesto.

Scott had offered to submit comments to all political parties in the lead-up to the election about the parties' welfare-to-work policies but only the Conservative Party took the charity up on the offer.

Tomorrow's People advised the Commission that its comments had been altered and given unexpected prominence and that the charity was not given the opportunity to comment or sign off the comments before their publication. However, after reviewing both the submitted and the printed versions, the Commission concluded that “both the submitted and published versions of the chief executive’s comments favourably compared the charity’s view on welfare-to-work strategies with the party’s single Work Programme policy.”

Tomorrow’s People receives 84 per cent of its £7,981,000 income from regional government offices, local authorities and the London Development Agency.

While the Commission advised that “it is clear from our engagement with the charity, that in agreeing to contribute to the manifesto, it was not the charity’s intention to provide or encourage support for the party,” the steps taken, however, “were insufficient to protect the charity’s reputation and independence from party politics. As such, the perception of the charity’s independence and political neutrality has been adversely affected.”

Penelope Wright, lawyer at Thomas Eggar LLP, commented: "This case illustrates how difficult it can be for charity trustees to remain impartial, when circumstances politicise an issue on which the charity already campaigns.

"Although charities are permitted to campaign on issues that directly affect their objects, they are not allowed to appear to favour a particular party. Trustees can very quickly find themselves in difficulties when politicians get involved in the charity's area of interest, especially during election campaigns. It is crucial for trustees to familiarise themselves with the law on charities' permitted political activity, and with the Charity Commission's guidance note on the subject."

The Commission has provided Tomorrow's People with the advice and guidance necessary to comply with its legal and regulatory requirements.