13/08/10

By Andrew Holt

The Charity Commission has today published a report of the regulator’s assessment of concerns raised about the contribution of the charity Tomorrow’s People Trust to a general election manifesto, calling the charity's independence into question.

The charity is ‘an independent employment charity which works nationally with the long-term unemployed, helping people overcome personal barriers so that they can move into long-term, sustainable jobs’.

The charity’s contribution to the manifesto of a political party issued at the time of the General Election raised concerns that the charity may have or may have been seen as endorsing the political party.

Support for a political party is not permitted under charity law, and as such this issue has the potential to impact not just on the work and reputation of the charity, but also on public trust and confidence in charities generally.

The Commission was unable to conclude that the trustees could have properly discharged their legal duties and responsibilities and complied with the guidance on charities and political activities by contributing to the manifesto.

Appearing in the party’s manifesto called the charity’s independence into question because it can be seen to be an endorsement of the wider policies of the party and consequently the party itself.

The Commission noted by agreeing to contribute to the Manifesto, the charity has provided support to the Party and this is the case even if the contribution was only intended to support the single Work Programme.

The Commission was unable to see how this decision would not adversely affect the Charity’s independence or fail to be perceived as providing or encouraging support for the Party policies as a whole.

Appearing within the Party’s manifesto has called the Charity’s independence and political impartiality into question because it can be seen to be an endorsement of the wider policies of the Party.

In the Commission’s view the decision to contribute to the Manifesto was both high risk and novel and as such it was inappropriate for this to be delegated.

This decision should have been considered by the full board of trustees, although given the circumstances it could not have been approved, even by the full board of trustees.

The Commission provided the charity with regulatory advice and guidance regarding the legal and regulatory requirements that must be complied with by charities and the risks associated with any engagement within the political environment.

This was the Commission’s first engagement with the Charity regarding concerns of this nature.

The trustees have co-operated with the Commission’s assessment and accepted the regulatory advice and guidance provided.

The report reminds other charities and their trustees that charities must remain independent from party politics and cannot give support to a political party, politician or candidate.

During an election period, the need for impartiality and balance is intensified, and charities must take particular care when undertaking any activities in the political arena to ensure that the charity’s independence is maintained and that there is no perception that its independence is being adversely affected by the charity’s activities

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