Advocating for UK NGOs and building the effectiveness of the development sector

Charities and campaigning

Bond believes that charities should be free to engage in political campaigning to further their charitable purposes. Charities need to be able to decide for themselves how much of their resources to commit to this work.

Despite recent changes to the law, charities still face restrictions.

Bond is lobbying for the needs of international development NGOs to make sure that legal restrictions on campaigning do not prevent them from meeting their goals.

The need to campaign

Sometimes a charity will decide that a change in the law would be the most effective way of achieving a goal such as the prevention of poverty.

In this case the charity's Board of Trustees might decide that a political campaign should be the focus of their work.

Many charities also want to campaign in the run-up to elections to get their issue onto candidates' agendas. They also see it as important to inform the public about the various parties' positions on key topics.

However there are restrictions for charities on campaigning.

Campaigning and charity law

The Charities Act 2006 sets out the law on charities and campaigning. Guidance issued in 2008 gives detail on how they should conduct their activities.

A charity must be set up for charitable purposes only, which must be for the public benefit. If an organisation's purpose is political change, it cannot be registered as a charity.

Charitable purposes cannot be 'political'

Charitable purposes were redefined in the Charities Act 2006, and now include the advancement of human rights. However, some charities applying in this category have been told they are "too political".

According to the guidance, a charity can engage in campaigning or political activity to bring about a change in the law, if this change would support its charitable purposes.  This can be the main focus of its work for a period of time, but cannot become the reason for its existence.

UK registered charities can run political campaigns which target overseas bodies such as the EU. The same rules apply - the charity must be sure that the change it is arguing for would support its charitable purposes. See European Campaigning work for more information on Bond's work in this area.

Campaigning during elections

Special rules apply when campaigning during elections - read more

More on other laws affecting campaigning by NGOs.

 

Disclaimer: information on this website is a general statement of the law only and does not constitute legal advice.

 

Member Login

Not a member? Apply now


New user?
Forgotten password?