What is charity today? Is it the slightly tatty community hall down the road or the Tate Gallery? Is it the group of volunteer parents who run your local kids football club, or the envelope that came through your door with the picture of the hungry-looking child on the outside and a free pen inside? Is it the retired people who run your local Oxfam shop or the software developers designing new products to support vulnerable young people?
Charity is all of these things and more. It is where we imagine it to be, located in rundown buildings with erratic opening hours, but also on state-of-the-art websites with adverts that track our online preferences. Itâs delivered by well-off older people who want to âgive something backâ and itâs a place of work for many. Itâs about disabled people, itâs about pets, itâs about the natural environment, itâs about sport. The sheer variety of charity is sometimes bewildering but itâs also inspiring. This is not a state-mandated area where people are corralled into specific activities, but the creation of a charity is the spontaneous and personal realisation of an urge to make a difference. Taking a step back from the sector I have worked in for more than 15 years it is astonishing to behold â all those people, all those causes, all over the country.
But this very variety presents a challenge. All these different charities bring with them many different and often conflicting sets of expectations. These expectations come in the form of explicit regulations and funder requirements, but they are also implicit in the minds of donors, the public, charity workers and volunteers. These expectations have evolved over many years and some are out of date. In this book I will explore how these expectations mesh with the reality for charities in the 2020s and how they hold us back from anticipating the challenges of the coming decades.
A Thousand Flowers Blooming
Charities are set up by highly motivated citizens or groups of citizens, and they spring up organically. They are not planned or coordinated and they are not required to be a logical response to objectively defined need. Nevertheless, whether or not their work corresponds to the areas of greatest social need, governments in general recognise the value of charity. The reasons for this are subject to much debate, but include the idea that charities complement state provision by piloting innovative interventions, as well as the idea that charity models the positive engagement of citizens as volunteers and as agents in solving social issues rather than relying on the state to intervene. Governments may also welcome the additional resource that charities can bring, potentially reducing the burden on the state and taxes (Dees 2012; Davies 2016).
The regulation of charities in the UK has signalled an attempt to harness the power of citizensâ urge to philanthropy by nudging this gently towards generating genuine âpublic good.â The Charity Commissioners Board was first appointed in 1853 in an early attempt at formal supervision of UK charities, but it wasnât until the 1960s that government introduced the first comprehensive charities act, which required all charities to be registered. Only as recently as 2006 was a statutory definition of charity set out in more detail and for the first time required charities to pass the public benefit test (House of Lords 2017).
Today all registered charities in England and Wales are regulated by the Charity Commission, in Scotland the Office of the Scottish Charity Regulator fulfils this function and in Northern Ireland it is the Charity Commission for Northern Ireland. Charities across the UK have to follow the rules set out by their national regulator, on the way they are governed and also on the broad types of work that they do. In exchange, registered charities are exempt from corporation tax on any surpluses they make (though they still pay VAT and national insurance), they can apply to receive Gift Aid on individual donations and (depending on their local government) reductions in business rates. Registered charities also enjoy a sort of accredited status: many grant funders will only fund registered charities, seeing this as a mark of quality which gives them comfort that their money is indeed going to a good cause.
There are, then, significant incentives to become a registered charity, but the government does expect something in return. The quid pro quo is that the work that registered charities do must provide a public benefit. Unlike businesses, which might be purpose-driven by choice alongside their profit-making objectives, charities are required by law to put public benefit above all other considerations. This makes common sense â after all, the public would expect a childrenâs cancer charity to put children with cancer at the heart of what it does. If the charity also happens to benefit others (e.g. by giving some positive PR to a company that has sponsored one of its events), this has to be an incidental by-product of its main aim, which should always be to help children with cancer.
Public benefit is a fairly vague concept and today there are 13 different types of public benefit under which a charity may register. These range from the âprevention or relief of povertyâ and âadvancement of health or saving livesâ, to âadvancement of religionâ, to âpromotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance servicesâ(Charity Commission 2013).
As these broad definitions indicate, the type of work that charities do is still incredibly varied. Within the field of social services alone, charities run childrenâs day care centres, supplementary schools, adoption services, child development centres, foster care, nurseries, parent education classes, single parent agencies and domestic violence refuges. Charities run an overwhelming array of services supporting people with disabilities, such as by providing transport services (community buses), employment and education services, independent living and leisure support, in-home services for older people, home meals services, nutrition classes, support groups, personal counselling and credit counselling/money management services. In the UK and overseas, charities provide disaster and emergency prevention and response including volunteer fire departments, lifeboat services, air ambulance services, temporary shelters, emergency and temporary housing, food and clean water, clothing, education, emergency cash assistance, and furniture. UK charities do everything from digging artesian wells in Afghanistan to providing food banks in Bolton.
The sheer range of what charities deliver all around us is astounding, and the Charity Commissionâs categories of public benefit seem all-encompassing. But they do conceal some surprising anomalies. One of the most controversial areas is the inclusion of private schools, which qualify as charities under the âadvancement of educationâ. This is despite the fact that evidence shows that private education perpetuates inequality and suppresses social mobility in the UK (Green, Anders, Henderson and Henseke 2017).
By contrast, some community-based non-profit organisations are not able to register. The community-based organisation where I was a trustees for eight years, CFPT, supported private tenants in slum rentals in a highly disadvantaged area of Camden. It survived on a shoestring of grant income, but it did not qualify to register as a charity (despite repeated attempts). This was because not all private tenants are necessarily disadvantaged â even though the ones we worked with were suffering severe health and financial problems as a direct result of their tenancy type. As a result this organisation (total annual income ÂŁ65,000), which is registered instead under the Co-operative and Community Benefit Societies Act 2014, is excluded from applying to the majority of grant funders. Nor does it enjoy the tax breaks that are enjoyed by, say, Eton College (income ÂŁ50,900,000 in 2018) or the Sidmouth Donkey Sanctuary (income ÂŁ42,000,000 in 2018).
So, not all non-profits are registered charities and not all registered charities are what we might expect to be charities. However, for the purpose of this book I will focus on registered charities because these are the sub-sector that the government is explicitly encouraging through regulation. Later, I will explore whether alternative forms of constitution may offer more flexibility for organisations to respond to the changing world around us.
Change is Coming
For more than ten years the charity sector has been telling itself that change is coming. First the financial crash, then years of government cuts, governance scandals like that of Kids Company and safeguarding scandals such as that which consumed Oxfam, immense advances in technology, dramatic shifts of emotion in identity politics â all have changed the context in which charities operate. But seemingly little in the charity sector itself has changed. We still have a broadly similar number of registered charities and they work on broadly similar areas. Whatâs more, the same charities dominate. As Sir Harvey McGrath, Chair of Big Society Capital and major UK philanthropist, told me:
In the business world new entrants would push out incumbents, as the market drives innovation in products and services. But this doesnât happen so much in the third sector. Often charities seem to suffer from inertia, perhaps due to the lack of these âmarket pressuresâ, and to a combination of governance issues and funding challenges
(McGrath 2020).
Now, in 2021, the Covid-19 pandemic has forced a break with the past like no other challenge in living memory. Charities have been jolted out of their usual rhythm and now find themselves able to deliver their work in ways they had never considered possible. However, the question Iâm most concerned with in this book is whether this situation can, and will, bring about the sort of shift in thinking that the sector needs, in order to prepare itself and its people for the rapid changes we anticipate in the coming decades.
So, what are these changes likely to be? One of the rare pieces of work exploring the medium to long-term outlook for the charity sector finds that shifts in demography, technology, funding and volunteer support are the key trends that will influence the charity sector in the developed world (Cordery et al. 2017). Peter Grant identifies two themes that have dominated my conversations with charity leaders:
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