Ethical Fundraising Policy

We’re a small UK registered charity that supports dementia carers. As an organisation which asks for donations, pro bono expertise and partnerships in order to run the services carers rely on, we must ensure we’re doing so responsibly and within the law. This policy aims to mitigate risks to our operation, reputation or financial position, by outlining how we’ll do this responsibly, including guidelines on:

• Who we’ll accept or refuse gifts from
• Who we’ll partner with to deliver our charitable objectives
• How we’ll fundraise responsibly and with due consideration towards people in vulnerable circumstances

It also aims to ensure that we comply with relevant legislation.

The policy is based on the most recent guidance from

• The Charity Commission (Mar 2024),
• Fundraising Regulator (2022) and
• Chartered Institute of Fundraising (2021).

This policy applies to all trustees, other volunteers, employees, contractors, and third-party representatives involved in any activity to raise funds for Dementia Carers Count. Everyone who fundraises for us must read and understand this policy. Its requirements should be reflected in other policies and procedures, agreements and contracts, as necessary.

It applies to all donations from any source, including:

• Organisations
• Individuals
• Foundations, trusts and other non-profit organisations
• Government or quasi-governmental bodies

As well as monetary donations, it also applies to:

• Gifts in Kind
• Pro-bono support
• Partnerships with organisations

worth more than £25k per year, either as single or multiple donations within a 12-month period.

This policy does not cover:

• Gifts to individual members of staff, which is covered by our Anti Bribery Policy
• Guidance related to donations of shares, land or other non-cash items which should be referred to the Director of Finance

There are four reasons we would return or refuse a donation

1. It would be unlawful to accept it, for example the proceeds of crime
2. Accepting the donation would be detrimental to achieving our purposes, as set out in our Articles
3. The donor lacks capacity
4. Where the terms of the donation or grant require return

Before we accept donations, or enter into partnerships to further our mission, we have a responsibility to ensure donations are

• from a genuine, legal and appropriate source
• for the correct purpose
• not solicited in a way that is harmful to people in vulnerable circumstances

and that partners will meaningfully contribute to delivering our mission. This policy outlines how we will do that. The Board of Trustees is responsible for implementing and reviewing this policy. The Board should review it annually.

All those covered by this policy are responsible for avoiding soliciting donations or any other kind of gift from sources which contravene the below guidance. We don’t need to know or try to find out the identity of each small cash donor. We must always make decisions about which partnerships to pursue on a case-by-case basis, ensuring partnerships

• Complement or contribute to our charitable purpose.
• Respect our independent status.
• Are mutually beneficial.
• Pass our due diligence screening before partnership commences.

Checks are based on Charity Commission guidance Know Your Partner. See appendix I for the risk assessment and screening question template.

When considering whether to accept donations or partner with organisations to raise funds or awareness, fundraisers must check the following criteria:

1. Will accepting the donation or partnership undermine our mission or the delivery of our vision, strategies and activities?
2. Will it damage our reputation or the prospect of future funding?
3. Will accepting the donation or partnership cost more than the value of the donation or gift in kind itself?
4. Could there be any undue influence on any part of the charity’s work, for example could it compromise our status as an independent provider of help and advice?
5. Are the funds from a source which could be illegal, or would accepting them be likely to result in a legal claim?

If the answer is yes to any of the above, we won’t proceed. We should also check whether it will create a personal benefit for the donor, or one or more of the trustees, or persons connected to them. If so, please speak to the director responsible for fundraising, who will advise further.

If a colleague is unsure whether to proceed with the donation or partnership, we follow this process:

• The colleague should refer the donation or partner to the director responsible for fundraising
• The director will examine the potential donation or partnership with the Senior Leadership Team against the principles in this policy
• If there is concern, the gift or partnership will be referred to the income generation committee for scrutiny and a decision on whether to proceed.
• Where there is a question over whether to accept a donation or partner with an organisation, trustees must be satisfied that it will not directly lead to a net decline in our assets.

All decisions must be made in the best interests of the charity. Neither Trustees nor individual fundraisers should allow

• personal or political views, or
• commercial interests

which are not directly related to the interests of the charity, to affect their judgment when considering decisions to accept donations or pursue partnerships.

Following the Fundraising Regulator and Charity Commission guidelines, we’ll

• be truthful and non-deceptive in all our public communications
• only use the money for the purposes we say we will, and honour supporters’ wishes to restrict their donations according to their written instructions*
• thank our supporters for their contributions in a timely and appropriate manner and keep our supporters updated on the impact of their support
• comply with all relevant legislation set out in the Charities Acts, other relevant legislation and local government by-laws when fundraising
• remain registered with the Fundraising Regulator which holds the Code of Fundraising Practice for the UK and which makes sure all fundraising is legal, open, honest and accountable
• operate an accessible complaints procedure, and if we get things wrong, we’ll be open and transparent about our mistakes, and take swift action to fix them
• report annually of the number, type and status of complaints received from supporters or prospective supporters about fundraising
• report on our strategic, operational and financial performance in full compliance with all UK laws and regulations. Specifically, in our annual reports we’ll
  • Disclose the total amount of fundraised income and fundraising expenditure
  • Review the cost effectiveness of the charity’s fundraising programme
• never give away or disclose supporters’ data to any third party without consent – see our Privacy Notice
• ensure all staff and volunteers have access to a whistleblowing procedure, in case they have a serious concern about our fundraising

*If programme or organisational changes mean we can’t do this, we’ll discuss alternative uses with the supporter or their legal designate(s). If the supporter is deceased or we’re unable to contact them, the donation will be used in a manner that is as consistent as possible with the supporter’s original request.

All supporters should have a positive experience with us. Some of the people we speak to when fundraising might be vulnerable or might need additional support to decide whether to donate. This guidance, based on the Institute of Fundraising’s Treating Donors Fairly: Fundraising with People in Vulnerable Circumstances, outlines how to approach those situations.

Who is in a vulnerable circumstance?

Anyone could, at some stage in their life, be in a vulnerable circumstance or require additional care and support. We assume people have capacity to decide to support us, but we also look out for a range of indicators which could affect that.

Indicators we look for

• The person, or a family member, carer or person acting on their behalf, tells you they need additional care and support around decision making and are in a vulnerable situation
• Any signs of an intellectual impairment, including forgetfulness, confusion, difficulty following the conversation, repeated or off-topic questions, or saying ‘yes’ when it’s clear they haven’t understood
• Physical impairments or other issues which make communication unclear, for example being unable to hear or read, speaking English as a second or other language
• Someone living in supported housing
• Any indication they’re feeling rushed, flustered, or experiencing a stressful situation, for example illness, bereavement, redundancy
• Financial vulnerability – where it is clear a donation may leave someone in financial hardship
• Being under the influence of alcohol or drugs
• Statements such as ‘I don’t usually do things like this, my husband/wife /son/daughter takes care of it for me’

Things to be aware of, but which don’t necessarily indicate being in a vulnerable situation

• Physical impairments. However, if a donor is experiencing or exhibiting any form of physical distress, this could impact on their ability to make an informed decision about their donation at that moment
• Donating an unexpectedly large gift with no prior relationship – this does not on its own constitute ‘vulnerability’: many legacy and major donor gifts to charities are given without the existence of a relationship between the donor and charity, but could indicate a rash, unusual or hasty decision
• Older people – being old is not in and of itself an indicator of vulnerability

Can individuals in vulnerable circumstances make donations?

Yes, an individual who needs additional support, or is in a vulnerable circumstance, can still choose to donate to a charity. It is the context and circumstance at the time of making the decision to donate that is relevant.

For example, a recently bereaved person may be in a vulnerable circumstance following the death of a family member, but this may change as time progresses. At the time of bereavement, they could still have the capacity to donate, but may need additional support to help them make their decision.

What will we do if we suspect someone is in a vulnerable circumstance?

Do

• Be patient and don’t rush the conversation – it’s better to have a longer conversation than cut this short and leave the person confused or upset
• Ask if the person would prefer another method of communication, for example sent in the post or via email, so they have time to take in the information
• Ask the person if they need to speak with anyone else before making a decision
• Check their understanding of what they have agreed to – for example, ask them to repeat back any gift or decision that they have agreed to, the amount that they have decided to donate, or the frequency
• Delay acceptance of the gift, for example take the donation details and then assess the case with your line manager to decide further action
• Give the donor more time to consider their donation Offer the donor a ‘cooling off’ period – agree the timeframe with the donor and make sure you both have that in writing

Don’t

• pursue a donation, if you think an individual lacks the capacity to make a decision about the donation
• upset someone who is in a vulnerable circumstance or unable to make an informed decision; end the interaction politely with, “I’ve taken up enough of your time today, thanks for listening”, or “Maybe you might want some more time to consider whether you’d like to support us.”
• forget to check whether they would like you to contact them again or not.

When will we return donations?

In most cases we should not give donations back. The person who gave a donation has no legal right to ask for it back, and we have a duty to use our assets to achieve our charitable objectives.

Exceptions under charity law:

• if the terms and conditions of the donation provide for it to be returned in particular circumstances
• where the law specifically provides for the donation to be returned in particular circumstances
• by way of an ex-gratia payment (except for Scotland)

Depending on the circumstances, there may be restrictions on whether a donation can be returned and the relevant charity regulator may need to authorise such returns by issuing a specific order.

Other exceptions

• If we become aware that a supporter made a donation whilst in a vulnerable circumstance, we will, where appropriate, suspend a regular gift or refund a donation.

We’ll need to be satisfied that the donor couldn’t understand the consequences of donating when they did it, for example where a donor with dementia donates to us without understanding that would leave them in financial hardship. If we’re contacted by a family member, carer or Attorney about an individual they believe or know to be in a vulnerable circumstance, we’ll assume that they are able to make decisions on that individual’s behalf first, and check after that they either have Power of Attorney or the individual’s signed consent to act on their behalf.

Will we return suspicious donations?

If we suspect the donation comes from an illegal source, we must not return it or contact the donor, instead logging the donation following charity commission guidance and seeking legal counsel.

How will we return donations?

We’ll update the database saying the donation has been refunded, and stop sending that supporter fundraising communications from us. We won’t record any judgement or assessment about anyone’s physical or mental condition.