This blog considers the parameters and possibilities for charities seeking to influence policy in the context of a looming general election. There are two broad questions for charities to think about when developing their approach to public affairs. One relates to legalities and the other pragmatism. I will briefly reflect on each in turn.
I wanted to start by making a statement that should go without saying. Attempting to improve public policy is a noble pursuit. Many undermine and belittle it, often driven by ideological or commercial interests, however this activity is vital to a thriving democracy. It should be prized; and pursued without fear or favour.
It is entirely proper for charities to argue for changes in policy, regulation, law and spending. Guidance from the Charity Commission makes clear that "campaigning and political activity can be legitimate and valuable activities." Although it should not be the sole purpose of a charity and must be undertaken "only in the context of supporting the delivery of its charitable purposes."
A clear principle of charity law is that charities must be, and seen to be, independent from party politics. Charities may promote their views on particular issues, for instance by publishing a manifesto with policy ideas. They should not encourage support for candidates or parties. There is a range of helpful information relating to the Elections 2022 Act and its implications for non-party campaigners here, with more guidance to follow.
Politicians may not like what you have to say, but you have the right - and indeed the duty - to say it.
The other key question for charities is how edgy to be? This judgement should be informed by the members and beneficiaries of a charity and decided upon by the senior leadership team in consultation with the board of trustees. Each charity will have to take a view about its risk appetite. Instincts can sway between pragmatism and idealism, too far in either direction is not advisable. If your ideas are viewed as unrealistic you may not be taken seriously. Equally, if your watchword is caution you could end up letting down those groups you advocate on behalf of by proposing measures that fall short of the moment.
Engaging with members and/or service users to understand their views is critical, as is developing outputs like policy papers and manifestos which politicians can draw on in their internal party discussions. Positioning your organisation as a credible voice for whoever you represent and responsive to requests for evidence and information is essential to achieving commitments from each political party. Working in coalition with likeminded organisations can amplify your message and help further a common cause.
Don't be afraid to challenge politicians and parties to do more and think bigger. Charities should play their part in defining the terms of a debate on any given topic. If the government of the day, or an aspiring party, seeks to reduce poverty, for example, whilst simultaneously saying it wishes to spend no further money on addressing it, then it is reasonable to point out the credibility deficit. If politicians are to commit to a target they must acknowledge the steps necessary to meet it and put forward serious plans. Accountability cuts both ways.
Blog amended on 19/2/2022 to signpost information on the Electoral Commission website for non-party campaigners relating to the Elections Act 2022.
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