Beyond the 2024 General Election: navigating the legal landscape
Andrew Studd, a partner in Russell-Cooke’s charity team, considers how charity law applies to political and campaigning activity post-election.
Many priorities and policies, hotly debated in the run-up to the UK general election, will directly affect charities’ beneficiaries. As we digest the results of the election and the likely changes in direction in certain policy areas, many charities will be considering how best to add their voices to ongoing debate, and to influence policy of the new Government in the interests of their beneficiaries.
While charities need to be particularly circumspect in how they go about campaigning in the run up to an election (known as the ‘election period’), the Charity Commission’s guidance Campaigning and political activity guidance for charities – GOV.UK (www.gov.uk) will continue to apply.
With a new Government in place, the opportunity to campaign, and so to potentially influence how the public might vote on particular issues, may have passed. However, charities may view the post-election landscape as being ripe with opportunity to engage with, and influence, newly-appointed ministers and elected MPs of all political persuasions in the interests of their beneficiaries. Charities are often subject matter experts who can provide invaluable information and advice to decision makers as to how they should determine priorities and implement policies.
The key issue for charity trustees to remember is that their charity is not, and cannot be, established only for political purposes. The Commission distinguishes “campaigning” from “political activity”: while there is a degree of overlap between these terms, trustees must be careful that political activity does not become the charity’s only or predominant activity.
Campaigning
“Campaigning” in context of the Charity Commission’s guidance encompasses raising awareness of an issue, attempting to influence public attitudes or corporate behaviour, and mobilising public support in relation to that issue. Campaigning is a vital method used by many charities to advance the interests of their beneficiaries.
For instance:
- An environmental charity may lobby prominent companies to adopt more stringent environmental standards.
- A domestic violence charity might run a campaign to educate the public about the prevalence of intimate partner violence.
While campaigning will no doubt continue in various guises on a range of issues, its impact on a new Government is likely to be significantly reduced immediately following the election as the Government will be keen to start implementing their manifesto commitments. However, exactly how the Government goes about implementing its priorities still leaves room for participation.
Political Activity
“Political activity” is distinct from campaigning in charity law terms and is defined by the Commission as: “any activity by a charity which is aimed at securing, or opposing, any change in the law or in the policy or decisions of central government, local authorities or other public bodies, whether in this country or abroad”.
Charities can engage in political activity where it also supports the delivery of their charitable purposes. Before engaging in campaigning or political activity, trustees should check their charity’s governing document to consider if they have powers to undertake such activities or whether there are restrictions preventing them from participating in this way. It is also advisable to consider the proposed activities against the Charity Commission guidance (CC9).
Working with the new Government
Although the election is over, and even where the Government has a clear mandate, charities will still campaign and undertake political activity to encourage or temper how particular policies are implemented. However, trustees must ensure that any such activity is in line with their charity’s objects: a charity cannot, for example, pass comment on cuts to budgets in schools if they are established for an entirely unrelated charitable purpose such as promoting adult mental health.
Shelter’s campaign in support of the Renters (Reform) Bill provides a useful case study. As well as urging the Government to progress the Bill, Shelter – being subject matter experts – participated in policy discussions and campaigned for amendments to be made to the Bill which would provide additional protection to tenants in the private rental sector. This political activity clearly supports the charity’s purposes.
The key points for trustees are to ensure that:
- Political activity should not become the only reason the charity exists.
- The charity only undertakes political activity if their governing document permits it and where the activity aligns with their charitable objects.
- The charity remains politically neutral and is careful not to inadvertently prefer a Government or Opposition policy in a way that could be regarded as taking a party political position.
- The charity emphasises its independence from political parties or politicians and seeks cross-party engagement wherever possible.
- Personal views, such as those held by trustees, management, or other staff, are not inadvertently attributed to the charity, particularly on social media.
- The charity’s voice is used with respect and tolerance in all its work and across all policy areas.
Andrew Studd, Partner, Andrew.studd@russell-cooke.co.uk or 020 8394 6414.