Our weekly round up of news and updates from across the sector

Post-election 2024

As you’ve probably seen, Lisa Nandy has been appointed Secretary of State for Culture, Media and Sport. She is the former Labour shadow charities minister.

There’s been reaction across the sector to the election result, we’ve picked out some key responses below:

Campaigning and lobbying

Following the General Election, charities and other campaigners will be keen to make an impact on new Ministers, special advisors, and newly invigorated departments.  Join us on 16th July when Bates Wells Simon Steeden and Suhan Rajkumar will talk through the legal framework around charities and campaigners lobbying and advocating, together with practical tips for how to make an impact on policy areas. 

From DSC, this is an interesting look at charity election campaigns from around the sector.

Charity Commission

David Holdsworth has commenced his role as the new Chief Executive of the Charity Commission from 1 July 2024.  David’s previous roles include Deputy Chief Executive and Registrar of the Charity Commission, Deputy Chief Executive of the Intellectual Property Office, and CEO of the Animal and Plant Health Agency.

The Charity Commission has published an updated version of the Welsh Language Scheme, which outlines how it will provide services to the public in Welsh. When conducting its public business in Wales, the Commission has adopted a principle that it will treat the Welsh and English languages on a basis of equality. The scheme sets out how it will put that principle into effect.

Investigations and complaints

The Charity Commission has issued a press release confirming that it has made disqualification orders against Hannah and Colin Ingram-Moore as part of its ongoing statutory inquiry into The Captain Tom Foundation. The Commission launched an inquiry in June 2022 to investigate concerns about the charity’s governance and financial controls. Mr and Mrs Ingram-Moore have both been disqualified from acting as charity trustees or holding senior management positions in a charity for periods of eight and ten years, respectively.  The Commission does not usually announce disqualifications until it has concluded an inquiry. However, the regulator issued the press release after the family issued a statement about the ban. The Ingram-Moores have said that, while they “fundamentally disagree” with the Commission’s decision, they will not be seeking to challenge it in the First-tier Tribunal.

Charity cases

The Health and Safety Executive has published details of a fine issued to a charity after a volunteer lost his life during restoration work in 2016 on the Wilts and Berks Canal. Wilts & Berks Canal Trust pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £30,000 and ordered to pay £10,822 in costs.

Strategic litigation

For a summary of key recent cases, see our Strategic litigation: July 2024 roundup.

Sector General

The Institute for Government and Grant Thornton have published a new report “Capital spending in public services: Fixing how the government invests in the NHS, schools and prisons”.  Drawing on interviews with more than 40 key figures involved in allocating and spending capital budgets, the report says there is a compelling case for the next multiyear spending review to provide a more capital-intensive mix of spending than in recent years. It also sets out a series of recommendations for ministers, select committees, the Treasury, central government departments and their delivery bodies all to take a different approach to achieve better outcomes.

Climate change and environment

See under Strategic litigation above.

Funders and funding

The following funds are open for applications:

  • Lloyds Bank Foundation: Applications are open to small and local community interest companies and charities that are led by and working with Deaf and Disabled people who are experiencing poverty. Lloyds Bank Foundation is offering successful applicants unrestricted grants of £75,000 (£25,000 each year). The application deadline is 28 August 2024.
  • Armed Forces Covenant Fund Trust: Grants of up to £75,000 are available for projects to refurbish or extend rental accommodation to support Veterans with housing needs. Applications are open to registered charities and registered housing providers which can show they work with veterans. The application deadline is 3 January 2025.

The Esmée Fairbairn Foundation has produced a report about the results of an applicant and fundee survey it commissioned. This is the second survey it has carried out (following the first in 2021) and it received positive feedback about changes it has made. However, an increased number of applicants reported feeling that they have faced barriers in accessing funding. The Foundation is considering the results of the survey and will report on the actions it takes in response.

Fundraising

Society lotteries

Since 1 July 2024, any organisation holding a licence from the Gambling Commission, which includes society lottery licences, must now submit regulatory returns on a quarterly basis.  All returns must be submitted within 28 days of the end of the quarterly period, meaning the first of the new returns will be due to be filed between 1st and 28th October this year.  In addition, the regulatory returns have changed, with some previous questions deleted and some new questions added.

AI

The Health Foundation has published a long read arguing that a dedicated strategy for artificial intelligence (AI) in health care is needed to coordinate current fragmented efforts in the NHS in England. It sets out six priorities this strategy should address and some of the steps to do so.

We recently hosted a panel discussion to explore AI innovation, automated decision-making and managing the potential for unfairness and discrimination for both organisations deploying AI technologies and those developing them. Watch the recording on demand.

Public procurement and subsidy control

The Cabinet Office has published additional guidance on the “procure” phase of the Procurement Act 2023, which is expected to come into force on 28 October 2024. The guidance provides details on modifying a competitive procurement, time periods and assessing competitive tenders.

The Procurement (Wales) Regulations 2024 (SI 2024/782) have been made under the Procurement Act 2023. The regulations are projected to come into force substantively on 28 October 2024, at the same time as the majority of provisions of the Act. The regulations apply to devolved Welsh authorities (including in relation to a procurement under a devolved Welsh procurement arrangement) and contracting authorities that are to be treated as a devolved Welsh authority under section 111 of the Act.

Scotland

From 1 July 2024, Katriona Carmichael’s appointment as the new Chief Executive of OSCR has begun.

OSCR has published a report containing recommendations for charities to improve their trustees’ annual report and accounts. It recently reviewed the accounts of 60 randomly selected Scottish charities and found four key issues. The key recommendations were (1) ensuring that the annual report is filed and contains all required information (2) including comparative information comparing the charity’s performance against the previous year (3) improving understanding and use of reserves policies and (4) ensuring that charities understand and comply with their governing document.

OSCR has published an inquiry report into the Great Scottish Tapestry Charitable Trust (SC042623). The report details OSCR’s decision to remove the charity from the Scottish Charity Register as it appears that it no longer meets the charity test. OSCR’s summary of the case explains that the trust was established to create a tapestry on the subject of Scotland’s history, the ‘Great Scottish Tapestry’. When completed, the intention was for the trustees to transfer the tapestry to another organisation where it would be held for the benefit of the public and made available for viewing. The charity has now fulfilled its purposes and the tapestry is now on public display under the management of the charity Live Borders (SC034227). The Great Scottish Tapestry Charitable Trust is now inactive but the trustees have not wound up the trust which has led to the regulator removing it from the Register.

OSCR is now on WhatsApp and it is possible to join the OSCR WhatsApp channel to get the latest news, updates and information for charities in Scotland.

Health and social care

See above under Sector General and AI.

Social enterprise

See above under Charity Investment

Sebastian Rocca, founder of Micro Rainbow, writes for Pioneers Post on why more LGBTQ+ social enterprises are needed. Rocca outlines three main reasons for this: to provide faster and more effective responses to the challenges LGBTQ+ people are facing, increased resilience to face today’s volatile and complex world, and greater solidarity as resources are freed up to face the challenges of the movement. Among other points, Rocca notes the value of being independent of grants and donations, to ensure the consistent provision of support.

Five ways the media and the impact community can spotlight solutions to global challenges. Pioneers Post reports from their ‘Good Stories: New narratives, bigger impact’ event, which focused on how journalists and social entrepreneurs can team up to create stories that help change the world. Key themes discussed include the importance of embracing vulnerability but also highlighting resilience, the key role of data as evidence, and the use of characters to develop the human-interest aspect of stories. Speakers included Caroline Diehl MBE of ImpactMedia.Global, Isabelle Gerretsen of BBC Future Planet, and Natalie Campbell MBE of Belu Water.

Co-operatives UK is looking for experts to develop guidance on harnessing the unique perspectives and strengths that neurodivergent individuals can bring to the boardroom. Expressions of interest in undertaking this paid piece of work should be submitted by 26 July.

Social investment/social impact investment

Behind the Curtain: Corporate Social Innovation in Practice. Impact Europe organised the annual Business of Impact Conference in the Hague. The Schwab Foundation’s Global Alliance for Social Entrepreneurship partnered with Impact Europe on two sessions that focused on Corporate Social Innovation. Key insights include that companies can engage with social enterprises ‘to attract and retain talent, accelerate innovation, provide access to new markets, create brand value, and support both sustainability and financial goals’. The role of regulation was considered in the context of ESG and the emphasis placed on compliance and reporting, and whether this may affect budgets for implementing corporate social innovation. Buy-in from senior leadership and stakeholders was also described as important, and to be supported by data that prove the benefits of social innovation.

Stephen Timms MP has written for City A.M about how a Labour Government could harness the power of the Impact Economy. Timms states that a “Labour Government should set up something like an Office for the Impact Economy – a joint Treasury-Business and Trade unit to partner with key stakeholders, working to align socially motivated capital and business with our missions”. The article highlights the importance of collaboration between the Government and philanthropists, social and impact investors, charities, and purpose-driven businesses.

Better Society Capital (BSC) has described its intention to support the development of an impact investing community in Scotland, referring to the momentum of an event it convened in April along with the Scottish National Investment Bank, The Impact Investing Institute and The University of Edinburgh.

Sport

See above under Election 2024.

International Development

See above under Election 2024.

Education

See above under Election 2024 and Sector General.

Schools

Schools Week report that three judicial review cases have been launched against councils that have recently entered controversial safety valve agreements, where ‘in return for bailouts, the councils must make sweeping cuts to their special education needs and disabilities provision to bring down spending.’ Devon is facing two challenges while lawyers have lodged a case against the council in Bristol.

Disclaimer – The information contained in this update is not intended to be a comprehensive update – it is our selection of the website announcements made in the week up to last Friday which we think will be of interest to charities and social enterprises. The content is necessarily of a general nature – specific advice should always be sought for specific situations.