VONNE's Annual Conference in 2025 explored how the VCSE sector can navigate changing political climates and public opinion. This included a panel discussion where sector leaders and experts explored how the sector can engage with political leadership and influence policy effectively.
Panellist Sam Pritchard, Partner at Muckle LLP shared guidance on how charities can speak out on issues related to their charitable purpose and shares this guidance in the blog below.
In the Charity Commission’s guidance on charities campaigning and undertaking political activity from 2022, the regulator’s refreshed view on the topic is that charities have been ‘overly cautious and self-censoring’ when it comes to speaking out about issues that relate to their charitable purpose. The clear message is that charities have freedom to take action, within certain parameters.
This is also reflected in the statistics. The Charity Commission will not take action against a charity when someone raises a complaint with them simply because they disagree with a charity’s stance. In the 5 years to 2022 the Commission upheld very few complaints. The likely times the Commission will be concerned is around charities that carry out political activity that has no connection to their charitable purpose, or where there is a misuse of funds or resources.
Where charities campaign to uphold existing laws, or to raise public awareness on a topic connected to their purpose, they can do so without limit.
Where charities undertake political activity, the parameters are narrower. Political activity is something which supports or opposes a change in the law, policy, or a decision of a public authority. This can include seeking to influence political parties, candidates or decision makers about a particular issue.
In this scenario, charities need to take care to ensure the activity furthers their charitable purpose, that they maintain their independence and present a balanced position, and that their focus is on the specific policy, not the person or party. Political activity also cannot be the sole activity of a charity, and care needs to be taken to ensure any rules in the governing document or in any funding agreements are followed.
So what can charities do?
- Respond to white papers
- Brief politicians on the implications of a policy for their beneficiaries
- Highlight the position taken by all parties
- Go to political meetings to represent the views of the charity
- Publish podcasts and hold interviews with politicians – as long as you are neutral
- Set guidelines for political speakers at your events
If charities want to take direct action like demonstrations, marches or picketing then extra care needs to be taken around the risks arising from such activity.
But there are plenty of examples where lobbying activity by charities has fundamentally shifted the legislative landscape – the Carers (Equal Opportunities) Act 2004 and Disability Discrimination Acts in the 90s and 2000s are Acts of Parliament that arose from the action of charities coming together to change things for the better for the people they support.
Samantha is a partner and leads the charities practice at Muckle LLP. She advises charities, not-for-profits and social enterprises on charity law, regulation and governance and oversees the firm’s approach to serving its charity clients across all legal areas. She is appointed by the Charity Commission as an interim manager for charities, and is a member of the Charity Law Association.
Find out more about Muckle LLPs support for charities and not-for-profits on their website.