Following the Code of Fundraising Practice: A Trustee's Guide | LegalDocuments.co.uk

Overview

The Code of Fundraising Practice is the set of rules and expected behaviours that charities and third-party fundraisers are asked to follow when raising funds from the public in the UK. It sits alongside, but does not replace, charity law, data protection law, consumer protection rules, and the separate licensing regimes that apply to activities like public collections, lotteries and face-to-face fundraising.

The Fundraising Regulator, an independent non-statutory body, publishes and updates the Code. While the Regulator itself cannot fine a charity in the way a statutory regulator might, it can investigate complaints, require remedial action, and publicly name organisations that fall short.

For trustees, poor fundraising conduct can also trigger Charity Commission involvement, particularly where it points to wider governance failings. In practical terms, the Code covers how you speak to donors, how vulnerable people are treated, how personal data is handled, how you work with fundraising agencies, and how you handle complaints.

Trustees are not expected to memorise every clause, but they are expected to have oversight of how the charity meets these standards and to respond when issues arise.

Key steps

1. Read the current version of the Code. The Code is revised from time to time, so start by locating the latest version on the Fundraising Regulator's website. Focus on the sections relevant to the fundraising methods your charity actually uses, for example, online giving, events, street collections, or telephone appeals, rather than trying to absorb everything at once.
2. Map your fundraising activities against the standards. Work through each active income stream and identify which parts of the Code apply. Look at what you tell donors, how consent is captured, how you handle cash or card payments, and how volunteers and staff are briefed. A simple written map makes it easier to spot gaps and assign responsibility for each area.
3. Review third-party and agency arrangements. If you use external fundraisers, professional agencies or commercial participators, your charity remains responsible for how they behave in your name. Check that written agreements reflect Code standards, that scripts and training meet the rules, and that you have a clear right to audit and end the relationship if conduct falls short.
4. Embed donor protection and complaints handling. Put a straightforward complaints process in place, make sure it is visible to the public, and ensure complaints are logged, escalated and reviewed by trustees at board level. Pay particular attention to protecting people in vulnerable circumstances, which is one of the areas the Regulator scrutinises most closely.
5. Report and review annually. Larger charities are required by the Charities Act to include specific fundraising information in their trustees' annual report, and smaller charities benefit from doing the same. Use the annual cycle to review performance against the Code, consider near-misses as well as complaints, and agree improvements for the year ahead.