Jonathan Brinsden
- Partner
- Charities & Not-for-Profit
Fundraising governance: a compliance journey
Fundraising governance is back in focus. The Charity Commission’s updated CC20 guidance, published on 3 February 2026, reflects a journey that began with a profound loss of public confidence in charity fundraising around a decade ago.
At one level, nothing has changed. Trustees have always been responsible for their charity’s fundraising. But in another sense, this update reflects a continued shift towards clearer expectations of active board oversight.
To understand why this matters, it helps to look back.
The fundraising controversies of around 2015 marked a defining moment for charity governance. The tragic case of Olive Cooke prompted widespread public concern and political scrutiny. The issue was debated in Parliament and addressed directly by Prime Minister David Cameron. Subsequent investigations revealed extensive use of donor lists, wealth screening and data matching, often without donors fully understanding how their personal information was being used.
The Information Commissioner’s Office imposed fines on several household name charities including the British Heart Foundation, Cancer Research UK and the RSPCA for breaches of data protection law. For many organisations, this served as a clear reminder that fundraising activity, however operational in nature, sits firmly within the trustees’ governance remit.
The regulatory response was significant. The Etherington Review led to the creation of the Fundraising Regulator and a strengthened Code of Fundraising Practice. The Charity Commission reinforced its guidance to trustees and made clear that fundraising is not simply a management function. It is a core governance responsibility.
It is sometimes asked why both the Charity Commission and the Fundraising Regulator have roles in this area. Their functions are complementary. The Fundraising Regulator oversees how fundraising is carried out and sets the standards expected of fundraisers. The Charity Commission regulates trustees. It expects boards to understand how fundraising is conducted, oversee the risks, and ensure that activity carried out in the charity’s name meets legal and ethical standards. One regulates the activity. The other regulates those ultimately accountable for it.
Subsequent governance failures at major charities such as Oxfam and Kids Company reinforced the importance of board visibility over risk culture and operational practice. At the same time, fundraising has become more complex, involving digital campaigns data driven targeting and commercial partnerships, increasing both opportunity and risk.
The updated CC20 guidance reflects this evolution. It does not change the underlying legal duties of trustees. Instead, it clarifies the practical expectations. Trustees should understand how fundraising is conducted, ensure appropriate reporting and oversight, consider fundraising within the charity’s risk framework and satisfy themselves that fundraising practices align with the charity’s values and reputation. This aligns closely with the Charity Governance Code, particularly its emphasis on integrity decision making and effective risk and control as core board responsibilities.
For many charities, this will already reflect established practice. But the direction of travel is clear. The guidance provides a clearer framework against which trustee stewardship will be assessed by regulators stakeholders and ultimately the public.
The sector has travelled a considerable distance over the past decade. The result is greater clarity stronger governance expectations and a more explicit recognition that fundraising is not simply about income generation but about maintaining trust in the charity itself.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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