The recently announced 4th July general election provides a good opportunity for charity trustees to remind themselves of their duties around political impartiality.
The general principal is that Charities may not have political purposes nor promote (or be seen to promote) a political party or candidate. They are however, permitted (in certain circumstances) to give support to or raise concerns about specific policies advocated by political parties.
The Charity Commission (CC) has produced specific guidance for the use of charities during the period between the announcement of an election and the date an election is to be held (Charities, Elections and Referendums - GOV.UK (www.gov.uk)) this guidance is to be read in conjunction with the Campaigning and Political Activity guidance (CC9) Campaigning and political activity guidance for charities (CC9) - GOV.UK (www.gov.uk)
Charities, including those with places of worship should ensure that no political leaflets, posters or other materials are displayed or left within the complex. This includes not allowing others to place such materials on notice boards owned/within the buildings of the charity.
Charity meeting including religious services should avoid promoting a particular party of candidate but may encourage congregants to exercise their rights and vote. Whilst they may share a policy position on particular issue/s but should be careful that their work advocating for such policy positions does not result in the endorsing of a political party or candidate/s.
Additionally, for charities who have property we have included two case studies of how the election may affect charities/places of worship.
Example 1
May a tenant of a charity premises display political posters (including that of a candidate)?
The Charity Commission has no jurisdiction over such tenants (they are not regulated persons) but there is a real risk that as the tenant is displaying such posters of charity property that is not self-contained, they may mislead the public into thinking that these are the political views of the trustees. It is advisable to draft the lease/licence agreement so to now allow the display of posters/signs (with limited exceptions). By doing this the charity as landlord/licensor will be able to require that such posters be removed.
Example 2
May a charity make their premises available to a candidate to hold a public meeting?
Where a charity that is not legally required to make their premises available for such events/meetings the charity should be treat these events/meetings as a normal commercial hire (as per the charity’s standard terms and conditions where applicable). The charity should ensure that charges for booking are the same for all candidates regardless of political party as to not result in an actual or perceived support of a political party. If the trustees feel that hiring the property would be against the interests of the charity (its beneficiaries, user or supporters) or are advised by the police that it may cause public disorder then they may refuse to hire the facilities to a candidate, party or other group. It is always advisable to create proper records taken about any decisions made to refuse to hire facilities so that these can be shared with the Charity Commission if necessary.
This is to be distinguished from using charity premises for a hustings or a debate at which all the candidates are to be invited, and where the charity premises will not be being used as a platform to advocate for a particular candidate. It is very important to set the ground rules for such an event and to ensure that a neutral and experienced chair is appointed so that debate which is “out of order” can be regulated.
LBMW has a specialist Charities team which can provide practical guidance and assistance for Charities on their compliance obligations. Please contact us for more information on how we can help.
For more information, please contact Khalid Sofi (Khalif.Sofi@lbmw.com), Ian Blaney (Ian.Blaney@lbmw.com) or Rebecca Martin (Rebecca.Martin@lbmw.com)