The Fundraising Regulator runs the Fundraising Preference Service so that people can request to stop direct marketing communications from charities registered in England, Wales and Northern Ireland.
If a charity gets a notification informing them that a person has made an FPS request, they should act to respect their wishes. So far, over 2,467 charities have set themselves up on the secure FPS charity portal to make sure that they do not send direct marketing communications to people that have used the FPS.
However, some charities are breaching the Code of Fundraising Practice by failing to access these requests and suppress people on their marketing databases.
When are charities considered in breach of the code?
Data protection law gives a person the right to object at any time to use of their personal data for marketing purposes. This right is also reflected in the Code of Fundraising Practice, which sets the standards for UK fundraising.
If a charity does not take action to stop sending direct marketing communications within 21 days of receiving an FPS request, they are in breach of the FPS terms and conditions.
If they fail to act further, within 28 days of receiving an FPS request, we consider them in breach of section 3.2.5 of the code and we will take regulatory action.
What regulatory action will you take?
If a charity repeatedly ignores reminders to act on an FPS request, a final letter is sent to the charity’s Chief Executive and Chair of trustees from our Chief Executive. This letter clearly warns the charity that we
- consider them to be in breach of section 3.2.5 of the code and will name their organisation publicly on our website as non-compliant
- may notify the Information Commissioner's Office of a potential breach of the Data Protection Act 2018
- may notify the Charity Commission for England and Wales and/or Northern Ireland that we consider that the failure to act on the FPS request and respond to us, to be a potentially serious governance issue.
Which charities have breached the code in relation to FPS?
The charities named below are in breach of the code because they have not logged on to the FPS charity portal to access requests to stop direct marketing communications. The list below displays the charity name, registered charity number and the date someone first made an FPS request.
As of 1 May 2022, 23 requests have not been accessed by 13 charities.
- Respect For Animals Educational Trust Limited (Registered charity no. 1120874). Date of first FPS request: 23/03/2022.
- Sistah Space (Sanctuary) (Registered charity no. 1179934). Date of first FPS request: 26/11/2021.
- The Church of Jesus Christ of Latter-Day Saints (Great Britain) (Registered charity no. 242451). Date of first FPS request: 18/11/2021.
- Friends Of Saint Theresa’s (Registered charity no. 1058253). Date of first FPS request: 11/04/2021.
- International Children’s Care (UK) (Registered charity no. 1099151). Date of first FPS request: 08/03/2020.
- Indonesian Humanitarian and Social Aid Network (Registered charity no. 1110909). Date of first FPS request: 05/10/2019.
- Animal Aid and Advice (North London Group) (Registered charity no. 1036940). Date of first FPS request: 12/06/2019.
- Meningitis Help (Registered charity no. 1090505). Date of first FPS request: 10/12/2018.
- Hope Africa (Registered charity no. 1103478). Date of first FPS request: 24/08/2018.
- Mrs Mary Olivia Saffery Turner for Ecclesiastical Purposes in Connection with The Church of England (Registered charity no. 291059). Date of first FPS request: 18/11/2017.
- Sudan Famine Relief Trust (Registered charity no. 1009200). Date of first FPS request: 16/07/2017.
- Salicaf Foundation (Save The Life of Children in Africa Foundation) (Registered charity no. 1167191). Date of first FPS request: 09/07/2017.
- The Truro Community Property Trust (Registered charity no. 1136731). Date of first FPS request: 06/07/2017.