Charity campaigning and political activity: legal guidance for funders

As the political environment becomes more contested across the UK, many charities and funders are asking the same question. How can organisations speak up on the issues that matter while remaining clearly within the law?

This question formed the focus of a recent learning session hosted by the West Midlands Funders Network. Kirsty McEwen, Partner and Head of Charity and Not for Profit at Higgs LLP, joined members to provide a practical overview of the legal framework governing charity campaigning and political activity. Her aim was to translate complex legal principles into guidance that funders and charities can apply in their day to day work.

The conversation comes at a time when public debate is increasingly polarised and election cycles are becoming more unpredictable. Charities have an important role in helping shape public policy and advocating for the communities they serve. At the same time, the regulatory framework requires them to maintain clear independence from party politics. For funders supporting advocacy or systems change work, understanding these boundaries is essential.

Charitable purpose must always come first

The starting point in charity law is straightforward. Any campaigning or political activity must clearly support the organisation’s charitable purposes.

Charities can campaign to raise awareness, influence decision makers, and advocate for policy change if doing so helps them achieve their charitable objectives. However, they cannot exist solely to pursue political change. A charity cannot be set up simply to change the law or promote a particular political agenda.

Independence from party politics is equally important. Charities must not support or oppose political parties or candidates, and trustees have a responsibility to protect the organisation’s reputation for neutrality. In practice, this means organisations need to ensure their public communications and partnerships cannot reasonably be interpreted as endorsing a political actor.

Understanding the difference between campaigning and political activity

One area that often causes confusion is the distinction between campaigning and political activity.

Campaigning generally refers to raising awareness of an issue linked to a charity’s purpose. This might include publishing research, informing the public about social problems, or encouraging decision makers to consider new approaches. Political activity is slightly different. It focuses more directly on influencing legislation or government policy, for example through lobbying ministers or responding to consultations.

Both forms of activity are permitted if they help advance the charity’s objectives. However, political activity cannot become the charity’s sole or permanent focus. It must remain a means of achieving the organisation’s charitable aims rather than an end in itself.

The responsibilities of trustees

Trustees play a central role in ensuring campaigning activity remains lawful and proportionate. They are responsible for assessing the legal and reputational risks associated with campaigns and for documenting how decisions have been made.

Organisations should also ensure they have clear policies governing public statements, partnerships and social media use. High profile campaigns should be monitored as they develop so that the organisation can respond if the risk profile changes. Trustees are also encouraged to consider whether non political approaches, such as research or public education, might achieve similar outcomes. Reviewing policies governing public statements, partnerships and social media use regularly and in times of heightened political tensions is important to reduce reputational risk.

Personal political views and organisational neutrality

Many people involved in charities also have strong personal political views or participate in political life. The law does not prevent this, but it does require a clear separation between personal activity and the work of the charity.

Individuals should avoid using charity resources, branding or communications channels when expressing personal political views. While disclaimers such as “views are my own” can help, they may not provide full protection for those in prominent roles. Boards may therefore need to consider how potential conflicts of interest will be managed if trustees or senior staff take on overt political positions.

Why election periods bring additional risk

Campaigning during election periods is particularly sensitive because electoral law operates alongside charity law. Electoral law focuses on activity that could reasonably be seen as influencing voters.

Two key tests are used. The first considers whether the purpose of an activity is to influence how people vote. The second looks at whether the activity is directed at the public or a section of the public. If both tests are met, the activity may be considered regulated campaign activity.

Spending levels also matter. In England, charities that spend more than £10,000 on regulated campaigning during the election period must register with the Electoral Commission as a non party campaigner and submit financial returns after the election.

To manage these risks, organisations are encouraged to pay close attention to three factors during election periods. The tone of communications should remain neutral and issue focused. Targeting should avoid appearing to influence particular constituencies or voter groups. Timing is also important, as activity close to polling day is more likely to be scrutinised.

Lessons from real cases

The session also explored several examples where charities had faced regulatory intervention.

In one case, a charity email encouraged support for a trustee who was standing as an independent candidate. In another, campaign posters for a local candidate were displayed on charity premises. There were also examples where political leaflets featured charity leaders alongside their professional titles, which regulators interpreted as implying organisational endorsement.

In each case, the Charity Commission concluded that a reasonable person could interpret the activity as political support, even where the charity did not intend it that way. These examples underline the importance of considering not only intention but also public perception.

Implications for funders

For funders, these issues highlight the importance of clear oversight when supporting advocacy work.

Many charities carry out legitimate campaigning as part of their mission, and funders often play a key role in enabling this work. At the same time, funders need to ensure that grant funded activity remains aligned with charitable purposes and does not expose either the charity or the funder to legal or reputational risk.

This often means understanding how partners approach campaigning, ensuring grant agreements are clear about expectations, and supporting organisations to maintain good governance and compliance.