The Fundraising Regulator has published their updated Code of Fundraising Practice (available in Welsh and English), to come into effect November 2025. This gives fundraising organisations and charity trustees some breathing space to review the guidance alongside their own existing internal policies, to ensure alignment.

The regulator has also published three support guides as follows:

• documenting your fundraising decisions;
• due diligence and fundraising; and
• monitoring fundraising partnerships.

Additional guides, containing some useful top tips, have been created specifically for fundraisers to support them in fundraising activities. These guides are available from the Fundraising Regulator’s website.

We have highlighted just some of the key guidance points below, to include advice on their practical application.

Secondary purposes

• Charities often collect donations for a specific purpose. If a charity claims a donation will be used for a restricted purpose, (for example, an appeal for £5,000 to carry out repairs to the roof of a village hall), donations can only be used for that purpose and nothing else. In a situation where fundraising exceeds, or falls short of, its goal, a charity will not be automatically entitled to use those funds.
• A way around this is to establish a secondary purpose of the appeal. The charity must take care to consider the wording of its appeal, and specify that any excess funds raised used for another similar charitable objective, or if the charity does not meet its goal the funds will instead be put towards to the general work of the charity.

Treating donors fairly

• The guidance emphasises that charities must take all reasonable steps to ensure that any fundraising reflects positively on fundraising generally. This relates to fundraising behaviours, such as not being overly intrusive or persistent or acting in a way that could upset or “guilt-trip” donors. There must be appropriate reporting mechanisms in place to protect donors from this type of treatment from fundraisers.
• All claims made within an appeal that a donor could reasonably rely on must be evidenced. To go back to our earlier example, the charity must be able to demonstrate that the cost of roof repairs is £5,000 (there is no need to do so publicly, but there should be internal records to show this).
• It is the responsibility of a charity to make sure its donors can make an informed decision to donate. This extends to considering whether a donor has the capacity to do so, whether that be as a result of age or vulnerability. We appreciate that it is not possible to screen all donors in this way, but fundraisers should be alert to signs that someone might struggle to make an informed decision. Charities should also not regularly accept donations from someone who is under the age of eighteen.

Managing data and contacting donors

• A charity must have appropriate systems in place to ensure fundraising communications (including texts, calls, emails, post etc) are not made to people who have indicated they would not like to receive them. Ensuring that people have the option to opt out of communications and marketing would address this requirement.
• Charities must not harass people with communications, and they must comply with any relevant data protection legislation.

Due diligence on donations

• A charity must carry out appropriate due diligence on any donations it receives. For large or unusual donations or where the donor is unknown to the charity, this will likely include a formal due diligence exercise.
• In addition, there is a duty to consider the charity’s best interests before accepting a donation. A charity must be able to can it comply with any conditions or terms attached to the donor.

Volunteers

• Charities must ensure that any volunteers have appropriate training and support to carry out their role. Fundraisers should be confident that any volunteers know how to handle donations, how to behave with potential donors and how to fundraise legally and safely. This may require providing suitable training.
• Appropriate checks must be carried out on volunteers acting ‘on behalf of’ the charity to ensure they are suitable and eligible to represent the organisation and that all necessary checks (e.g. DBS) are carried out.

Third party agreements

• A charity should carry out appropriate due diligence on a third party before entering into an agreement with them to ensure they are suitable and can meet the demands of the appeal.
• There should be a written agreement in place, and it may be appropriate to seek legal advice before entering into such an agreement. Don’t forget to check the Code of Fundraising Practice and the requirements for written agreements. Reasonable efforts should also be made to monitor the third party to ensure its compliance with the agreement, legal obligations, and the Code of Fundraising Practice.

Standards applying to specific fundraising methods

a.    The Code highlights the ‘three-step’ rule: if you have approached a member of the public, you must not take more than three steps alongside them and, if they have not come to a stop within the three steps allowed, you must end your attempt to talk to them.

b.    The Code emphasises being respectful when conducting door-to-door fundraising. Collections must be carried out at an appropriate time (9am – 9pm), and those who wish not to be disturbed should not be. Properties should not be approached by more than two fundraisers at a time.

c.    For convenience giving and unstaffed collections, charities must make sure that donors can see clear, accurate and up-to-date information about the collection and the organisation. This includes details of processing and round-up fees, charity short code for donations by text message, and a short link to a webpage if it is not practical to include necessary information at the location.

Any advertising must comply with the relevant standards and consumer-protection laws.

The above is by no means an exhaustive list, and fundraisers should read the Code of Fundraising Practice in full before carrying out any work.

If you require any further advice in respect of the above or any charity matter, please contact the Geldards Charities Team.