Campaigning and political activity: general election lessons learned
Key issues and questions for charities to consider based on insights from our casework into campaigning and political activity during previous election periods.
Applies to England and Wales
Charities should be aware that in the run up to an election they will face increased scrutiny from the media and the public and the risk of charities influencing, or being seen to influence, voter behaviour is increased.
Charities should firstly familiarise themselves with the relevant rules in our guidance on campaigning and political activity, and the supplementary guidance on additional issues to consider when campaigning during the current pre-election period. That guidance remains the same as for previous elections, and includes the following important principles:
- charities cannot have political purposes, and campaigning and political activity must only be undertaken by a charity in the context of furthering their charitable purposes
- in the political arena, a charity must stress its independence and ensure that any involvement it has with political parties is balanced; a charity must not give support or funding to a political party, candidate or politician
- a charity may give its support to or raise concerns about specific policies advocated by political parties if it would help achieve its charitable purposes as long as it makes clear its independence from any political party
- trustees must protect their charity and not allow it to be used as a vehicle for the expression of the party-political views of any individual trustee or staff member or by a party or candidate
As our guidance states, when taking decisions on activity during the pre-election period, trustees must follow a proper decision-making process, considering the range of options open to them. You must take appropriate factors into account, consider only the relevant factors, and make decisions that reasonable trustees would make.
Charities should also be mindful of electoral law when campaigning ahead of a general election. Read the Electoral Commission’s Non-party campaigner Code of Practice for more information.
Across previous election periods, there are some scenarios that charities have commonly faced. In order to help trustees think about these in the context of our existing guidance, we have summarised these examples below, noting some practical questions that trustees can helpfully consider as part of ensuring they are applying the existing guidance. These are based upon a lessons learned report that we first published following the 2017 General Election, which charities have suggested it would be helpful for us to restate.
Our Chair has written previously Campaigning and political activity – what do charities need to consider ahead of a general election? about how charities can engage effectively in public discourse, in a way that promotes respect, tolerance and consideration for others, and for trustees seeking a quick overview on campaigning we have also produced a 5 Minute Guide Political activity and campaigning by charities.
Key issues
1. Supporting or criticising particular policies
Charities may give support to or raise concerns about specific policies advocated by political parties where this activity furthers their purposes and is in the best interests of the charity. This can include a range of activity from a social media post on a specific policy to a detailed report commenting on one or more policies or manifesto commitments.
Charities must ensure that this activity is done in a way that does not imply support for or criticism of a certain political party rather than focusing on the issues the charity exists to support. This is because charities must remain independent of party politics.
Key questions for you to consider:
- How will this activity further your charity’s purposes?
- How have you ensured that your charity maintains its independence and political neutrality, and is seen to do so?
- Have you considered the risks of this action, including the risk to the charity’s reputation? How are you mitigating the potential risks?
2. Supporting or criticising a political party or a political candidate
Charities must not assist candidates with their election campaigns, financially or otherwise, or give any form of explicit partisan support. Doing so could be seen as a way of calling on people - including their donors and beneficiaries - to vote for one party or another, which charities must not do.
Charities must take steps to demonstrate their political neutrality, avoiding instances where this neutrality is called into question. For example, repeatedly only supporting or criticising the policies of one specific party or re-posting a statement from only one political party on its social media.
Key questions for you to consider:
- In your campaigning and political activity, have you ensured that your charity is only expressing support for or criticism of a particular policy and not for a political candidate or party?
- Have you taken enough mitigating action to ensure that your political activity and campaigning is, and is seen to be, neutral of party politics?
3. Political activity and campaigning by a charity trustee or employees
Candidates who run for election often have close ties to the community and may have current or previous involvement with local community groups or charities. While trustees or charity employees can run as political candidates, this relationship may cause people to think that the charity is aligned with a particular political party. This risk can be greater when senior employees such as a chief executive or a trustee are associated with a political party.
Where this occurs, the trustees will need to consider the potential conflict of interest and assess the risks for the charity in terms of both reputation and legal liability of the person taking on both roles simultaneously. They should put in place policies and procedures to mitigate the risk to the charity. The individuals in question should be explicit about whether they are acting and speaking on behalf of the charity or as a parliamentary candidate, and charitable funds should never be used by a charity trustee or employee for their own campaigning purposes.
Charities should also have a social media policy which outlines the expectations placed on employees and trustees with regard to the use of the charity’s social media accounts and of their own personal accounts. See our guidance on charities and social media for more information.
Key questions for you to consider:
- Have you assessed the risks and potential conflict of interests for a charity employee or trustee running for election?
- What actions will you agree with the employee/trustee to mitigate the risks of the situation?
- What other actions will you take to mitigate the potential risk to the charity’s reputation?
4. Use of charity premises
Many charities own premises which they choose to rent out as a means of generating income. During the run up to previous elections there have been examples of political parties or other groups seeking to hire such charity premises as a space from which to undertake political activities, such as a centre from which to organise the delivery of political leaflets.
Where this occurs, trustees will need to ensure that their decision making around whether they accept or refuse to hire its facilities to a candidate, party, or other group, does not call into question the charity’s neutrality.
A charity must never deliberately use its funds or assets for what appears to be improper political activity, for example allowing its property to be used for free by only one political party. However, electoral law may require some charities (e.g. some schools) to make their premises available to candidates free of charge.
Key questions for you to consider:
- Have you made opportunities to hire the premises available to all political parties?
- Is this being treated as a normal commercial hire and are you charging the charity’s usual rate?
- Are there clear reasons, in the charity’s best interests, for refusing one party/candidate when accepting others?
5. Visits to charities by prospective candidates
Charities are sometimes visited by prospective candidates as part of their election campaign. Charities may also invite candidates and political party representatives to public meetings about issues on which the charity is campaigning, for example by inviting candidates to debate those issues.
These types of visits have featured heavily in Commission casework during the run-up to previous general elections. These visits can be a way for candidates to interact with the local community and for charities to draw attention to their cause and express their aspirations for future changes to laws or policies.
However, if not handled correctly, hosting such visits can expose a charity to risk as it may suggest that the charity endorses a particular candidate by giving them a platform.
Trustees should be aware of these risks and take steps to preserve the charity’s party-political neutrality. Trustees should be able to justify why the visit took place, how it furthered the charity’s purposes, and how they ensure the visit did not result in any perceived endorsement for the candidate.
Key questions for you to consider:
- When hosting a public meeting or visit, have you invited representatives from as wide a political spectrum as possible (and at least from the mainstream parties)?
- In allowing a candidate to visit your charity, what risks have you identified and how do you intend to mitigate them?
- What steps have you taken to ensure that your charity’s political neutrality is preserved? In particular, how have you sought to ensure that your charity is not, as a consequence of the visit, associated in the mind of the public with a particular political party?
6. Mis/disinformation
In the build up to an election public debate on policy issues often intensifies and increases in pace. Charities may wish to engage in this debate on policy topics relevant to their charitable purposes, for example by sharing relevant information on these topics on social media. In doing so, charity trustees need to ensure that any information shared by their charity is accurate, for example by checking the source of the information if re-sharing something on social media.
As charities must be politically neutral, they must not purposefully create and spread mis/disinformation about any political party, candidate, policy, or manifesto.
Key questions for you to consider:
- If your charity has accidentally shared something that is inaccurate or false what mitigating actions can you take to negate any detriment to your reputation, such as deleting this content as soon as possible and considering whether it is appropriate to issue an apology or correction?
- What steps can you put in place to ensure that your charity doesn’t share inaccurate information again?
7. Links with associated non-charitable organisations carrying our political activities and campaigning
The Commission has observed issues around the campaigning activities of non-charitable bodies that are linked to and/or share similar names to charities.
The trustees must ensure that they identify risks arising from any political activity and campaigning of the linked organisation and that they minimise the impact of those risks on the charity and its reputation.
Key questions for you to consider:
- Are the actions of the associated non-charitable organisation damaging your charity’s reputation or calling into question your charity’s political neutrality? If so, what steps are you taking to mitigate this?
- What steps have you taken to ensure there is a clear distinction between the charity and associated/linked non-charitable organisation?
8. Political candidates using information on charities in their campaigns
The risk of a candidate or a political party using a charity’s research or other material to support their policies or campaigns has been raised with us. This can occur with or without the charity’s knowledge and prior consent. Even when this isn’t generated or approved by the charity itself, there is a risk that this will result in perceived support for that particular candidate or party.
Key questions for you to consider:
- If your charity’s material has been used inappropriately by a political party without your consent, what mitigating actions can you take to manage the potential impact on your perceived political neutrality?
- For example, should you issue a statement confirming that your material was used without your knowledge or consent?
When the Commission will take action
During this period of likely increased charity campaigning and political activity the Commission will continue to assess incidents in line with our Regulatory and Risk Framework and our guidance on charity campaigning and political activity and our guidance on trustee decision making.
There may be occasions when the Commission contacts a charity for further information about an incident, to ensure that we are aware of the facts. There may also be times when the Commission contacts a charity to ensure that they are aware of our relevant guidance. Our action in these instances does not necessarily mean that we have determined that wrongdoing has occurred, just that we are taking proportionate steps to ensure appropriate outcomes are reached.
Reporting a serious incident to the Charity Commission
Trustees are required to promptly report serious incidents to the Commission. This is not limited to, but may include, issues related to charity campaigning and political activity. ‘How to report a serious incident in your charity’ will help trustees determine if an incident should be reported.
We assess reports through our serious incident form for various purposes, including whether to engage with a charity to ensure that the right actions are being taken.
Further information
Our Charity campaigning in a general election period page provides links to all relevant guidance.