Fundraising has an obligation to aim for best practice and transparency, not just comply with the precise letter of the law, says Alistair McLean.

Whenever I read an article about legal opinion and the operation of the charity sector, my heart sinks.

Legal opinion, of course, has its role to play ensuring that charities do not inadvertently break the law but that is where seeking legal opinion or advice should end. By focusing on what meets the law, or legal loopholes, we are missing the point. Fundraising best practice should include basic legal requirements and then some, going above and beyond the law to ensure the best possible experience for the donor.  

All charities in their fundraising, no matter what method they use, have an overwhelming obligation to the giving public to make it as clear as possible what is going to happen to their donations. That is what “reasonable practice” should demand never mind “best practice”.

Whether an agreement between a charity and a third party such as a commercial agency falls under the law or not, honesty and transparency is always the best policy. All fundraising mechanisms should carry clear and unequivocal statements about what is going to happen to a donation. Such actions are essential in building and maintaining public trust and confidence.

What is key here is public perception. If the giving public receive a request for a charitable donation, whether by a TV ad, a direct mail letter, collection tins, bags or banks, they undoubtedly consider that request to come from the charity that is asking for support. Whether they are or not in law the property of the charity is irrelevant.

Sub-contracted or not, collection bags, collection tins, direct mail campaigns, street fundraising and many other methods of fundraising may be produced or provided by a third party as it may be the most cost effective method of fundraising, but as they all bear the name of the charity they will by association be considered to belong to the charity.

No matter what; charities MUST be open, honest, clear, transparent, respectful and accountable. That’s what builds public trust and confidence and surprisingly enough is what is stated in the FRSB Fundraising Promise.

Alistair McLean is chief executive at the Fundraising Standards Board