Charity campaigning rules: what charities can and cannot campaign on

Ask a room of trustees whether their charity is allowed to campaign for a change in the law, and someone will confidently say no. It is one of the most persistent myths in the sector, and it costs charities influence at exactly the moments their beneficiaries need it most.

The reality, set out in the Charity Commission's own guidance, is that campaigning can be one of the most legitimate and effective things a charity does. The charity campaigning rules are real, but they are rules about purpose and independence, not a ban.

This briefing summarises the position for charities registered in England and Wales. It draws on the Commission's guidance on campaigning and political activity (known as CC9), its supplementary guidance on elections and referendums, and the Electoral Commission's rules for non-party campaigners. It is a summary, not legal advice: for anything close to the line, read the guidance itself or take advice.

What the charity campaigning rules allow

CC9 states plainly that campaigning and political activity "can be legitimate and valuable activities for charities to undertake". The Commission distinguishes two things:

• Campaigning means raising awareness and mobilising the public on an issue, including making sure existing law is properly enforced.
• Political activity means seeking, or opposing, a change in the law or in the policy or decisions of central government, local authorities or other public bodies.

A charity may do both, provided the activity furthers or supports its charitable purposes and the trustees can reasonably expect it to be effective. A homelessness charity can press for changes to housing policy. A health charity can brief MPs on a bill, respond to consultations, meet ministers, publish research and ask its supporters to write to their representatives. A charity may even devote most or all of its resources to political activity for a period, so long as that activity never becomes the reason the charity exists.

Campaign material can be emotive, and can court controversy, provided it is factually accurate and has a legitimate evidence base. The Commission accepted a long and contentious campaign for a ban on hunting with dogs as legitimate activity for an animal welfare charity.

The hard lines

Three rules are not negotiable.

A charity cannot have a political purpose. That sentence is CC9 verbatim. An organisation set up to change a particular law, or to further the interests of a party, cannot be a charity at all. Political activity is only ever a means to a charitable end.

A charity must never support a political party or candidate. No donations, no support in kind, no endorsements. A charity may support a specific policy that a party also advocates, where that policy furthers its purposes, but it must stress its independence and must not endorse the party. As the Commission's elections guidance puts it, charities "must be, and must be seen to be, independent from party politics".

A charity is not a platform for anyone's politics. Trustees must not allow the charity to be used as a vehicle for the personal or party political views of any trustee or member of staff.

Charity campaigning during an election

The purpose and independence rules apply all year, but elections add electoral law on top of charity law.

A charity may still campaign on its issues during an election. It may publish candidates' views on matters relevant to its purposes and it may hold hustings, though the Commission says a charity would need very strong reasons not to invite a mainstream party. What it must never do is tell people how to vote.

Separately, the Electoral Commission regulates what it calls non-party campaigners. Activity is regulated where it can reasonably be seen as intended to influence people to vote a particular way, which the Commission calls the purpose test. Spending more than £10,000 on regulated campaign activity in the 365 days up to and including polling day at a UK general election requires registration with the Electoral Commission, and spending past that threshold without registering is an offence. Registered campaigners also take on reporting duties for spending and donations. Ordinary issue campaigning that could not reasonably be read as steering votes is generally not regulated at all.

The principles beneath the rules

Strip away the detail and the guidance asks trustees three questions of any campaign:

1. Purpose. Does this activity further our charitable purposes, and can we show how?
2. Independence. Would a fair observer see us as independent of every party, in what we say and in who we share platforms with?
3. Judgement. Have we weighed the benefits against the costs and risks, and could we justify the spend as an effective use of charitable funds?

Answer those honestly, record the answers, and most campaigning questions resolve themselves. The Commission is explicit that trustees should not be overly cautious. The sector's independence is valued precisely because charities speak up for their beneficiaries, and the rules exist to protect that voice.

One scope note: this article describes the position in England and Wales. Charities registered in Scotland answer to OSCR, and in Northern Ireland to the Charity Commission for Northern Ireland, under similar principles but separate rules and guidance.

Common questions

Can a charity be political? A charity can carry out political activity, such as campaigning to change a law or a government policy, where that supports its charitable purposes. It cannot have a political purpose and it cannot be party political.

Can a charity support a political party? No. It may back a policy that a party also happens to support, but it has to stay visibly independent and must never endorse the party or its candidates.

Can charities donate to political campaigns? No. Charities must not give money or support in kind to political parties or candidates, at any time.

Can charities campaign during a general election? Yes, on their issues, provided they stay visibly independent of every party and never tell people how to vote. Spending over £10,000 on activity that could reasonably be seen as influencing votes requires registration with the Electoral Commission as a non-party campaigner.