How we deal with issues and complaints raised
How we deal with issues and complaints raised
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We aim to acknowledge all new complaints within two working days of receiving them.
A case officer will be allocated the case and act as the point of contact for you and the relevant fundraising organisation.
We will assess the complaint to establish whether:
it is within our remit
it was made within our time limits
there are implications more widely for the fundraising sector
there is a risk to the public, the charity sector, or public confidence in fundraising more generally; or
if there is evidence of a potential breach of the code.
We will let you know as soon as possible, normally within five weeks if:
the concern is out of our remit
the concern was raised with us too early and must be sent to the charitable organisation first. Please wait at least four weeks for a response from the charitable organisation before coming back to the Fundraising Regulator; or
there’s insufficient grounds for regulatory action found following our initial assessment.
We will let you and the organisation(s) know if we open a compliance case. We aim to do this within five weeks of receiving a concern.
What is a compliance case?
If we have concerns about the organisation’s compliance but believe we can help it improve without the need for a formal investigation, we will work with the charitable organisation to support them to make a positive change to how they fundraise.
This may be a single issue which is easily resolved or a concern which does not show a serious systemic issue within the organisation but may take some time to change.
How we engage with charitable organisations
We will meet with the organisation to set out the issues we have identified and explain what actions are required to resolve them.
If the issues are more serious than first understood, or if the organisation chooses not to engage with this process, we may escalate the matter to a formal investigation.
Cases vary in scale and complexity. We aim to complete this work within six months, although some cases may require more time depending on the circumstances.
What does an investigation involve?
When we think there has been a potential serious breach of the code or there are systemic issues impacting the organisation’s compliance, we will undertake a formal investigation. This may be following our initial review or as a result of the compliance stage. If we determine that the Code has been breached, we will issue recommendations for the organisation to implement.
In some exceptional cases, we may also refer our decision to our Complaints and Investigations Committee for comment and approval.
How we engage with charitable organisations
We will share the scope of the investigation with the charitable organisation and find the appropriate contact point. If it is a charity, we will ask that the scope is shared with its chair of trustees. At this point, we will ask the organisation for any necessary evidence.
Outcome
Once we have reached an initial conclusion, we will share a draft decision with the organisation and invite any relevant parties to check the facts. We will look at any comments provided before finalising our decision.
A summary of our investigations are published on our website (and remain there for two years).
This can have a reputational impact on the organisation involved. We therefore make sure our decision to investigate is proportionate to the concerns which have been identified and that positive learning is communicated to the wider sector.
Timescale
Investigations vary greatly in scale and complexity. We aim to complete this work within a year. However, there may be circumstances where this may take longer.
If a charitable organisation is found to be in breach of the code, we will proactively work with them to help them make positive changes to how they are fundraising.
How we work with charitable organisations
We will meet with the organisation and use this time to go through the issues found and how the organisation can resolve them.
If the issues become more serious than originally thought, or the organisation decides not to engage with us in this work, we may consider a formal sanction.
Timelines
The timeline will depend on the issue and actions ask of the organisation.
If an organisation does not comply with our recommendations, we may:
refer the case to the relevant statutory regulator, for example, the Charity Commission or the Information Commissioner’s Office (ICO); and
remove the fundraising organisation from our public Fundraising Directory and suspend the use of the Fundraising Badge.