The proposed Fundraising Regulator should have access to a greater range of sanctions than has been available to the Fundraising Standards Board, Sir Stuart Etherington has recommended.
Etherington’s review of the regulation of fundraising, published today, recommends that the FRSB should be scrapped and replaced with a new body, provisionally called the Fundraising Regulator, which would be responsible for managing and policing the Code of Fundraising Practice.
The review says the sanctions that have been available to the FRSB have been "inadequate to deter misconduct and unsatisfactory for individuals who have raised a complaint".
It says: "Moreover, one of the few options to address poor practice available to the FRSB – asking the Institute of Fundraising to change the Code of Fundraising Practice in light of complaints received – has proven ineffective and ultimately damaged relationships between the FRSB and Institute of Fundraising."
It says the sanctions available to the new regulator should include the ability to "name and shame" the organisation and/or the people against whom there have been adjudications; to issue orders requiring an organisation to stop carrying out a certain type of fundraising for a period of time; to order compulsory training for fundraisers who have not adhered to the rules; and to require an organisation to take specified steps to inform its donors about a ruling.
The regulator should also be able to require an organisation to submit any future fundraising campaign plans to it for approval and have the ability to make a referral to the relevant statutory regulator in cases where the fundraising malpractice could show governance failure or breach of other legal requirements.
It says the sanctions should be applied as appropriate to the circumstances of each case.
The review recommends that all organisations that carry out fundraising activities should be subject to the regulatory powers of the Fundraising Regulator.
"Stronger sanctions should provide a credible deterrent for poor practice and drive greater compliance," the review says.