policy and legal framework for charities

Status on laws which either enable or prevent civil society input on policy

Karl WildingNCVO Public PolicyJuly 2012

www.ncvo-vol.org.uk www.twitter.com/karlwilding

Context: the Compact years

• All political parties interested in the third sector and/or civil society• (Note third sector includes social enterprise)

• Much of the current landscape and infrastructure is post 1997/98• i.e. New Labour and the Compact

• May 2010: major change in the landscape…

Context: the Compact years

• Significant increases in resources, esp earned income

• Volunteering & giving flat

• Winners and losers: ‘Tescoisation’

• 2008/09: the end of the NICE decade– aka ‘Peak Funding’

Framing the relationship

For charities:• Charity law: Charity Commission (‘Horizontal

issues’)• Company law (CLGs): Companies House• Industry-specific regulation (‘Vertical issues’)• Tax law & regulation: HMRC• Many other areas

Other civil society organisations:• Eg Industrial & Provident Societies

Permanent revolution?• 1998 – The Compact• 1999 – Charity Tax Review• 2002 – Treasury Cross Cutting review• 2003 – Treasury guidance for funders• 2005 – Futurebuilders England• 2005 – ChangeUp/CapacityBuilders• 2006 – Charities Act• 2007 - Treasury Cross Cutting review, OTS• 2010 – OCS, revised Compact (twice)• 2011 – Unshackling Good Neighbours• 2012 – Charities Act Review

Underlying issues...

• Role and purpose of voluntary action: public benefit

• Resources: people, assets, funding, resilience

• Independence and interdependence: too close to government?

• Modernisation; being a ‘sector’• Distinctiveness: blurred boundaries,

emergence of social enterprise

The Coalition: differences in direction

Some significant differences in detail and priority from the last 13 years

More emphasis on small charities Social action: furthered by social norms (nudges)

or targets and regulation? Public services: open, transparent, results-

oriented, level playing field Less favourable towards campaigning Resources: from funding to financing

And, you know, there is no such thing as society. There are individual men and women, and there are families. And no government can do anything except through people, and people must look to themselves first. It's our duty to look after ourselves and then, also to look after our neighbour.

• de

“....where people in their everyday lives...don’t always turn to officials, local authorities or central government for answers to the problems they face...but instead feel both free and powerful enough to help themselves and their own communities.”

The Big Society: big confusion?

Challenges ahead

Source: www.flickr.com/photos/23950335@N07/5506637899/

Where next?• The ideological environment: revising ideas about the

role of the state and what charity is for?• The legal environment: charities act review• The regulatory environment: lighter touch (or lower

cost?)• The tax environment: greater scrutiny/challenge• The financial environment: cutting public spending,

expanding social finance• The service delivery environment: ideas about who

and how to deliver services and what make them accountable