A charity has been found in breach of the fundraising code in its handling of a fundraiser that a grieving family thought would be used to set up a memorial fund for their teenage son.

The fundraiser launched following the death in 2017 of 18-year-old Owen Carey, who had experienced a severe allergic reaction.

It was set up on behalf of, and with the support of, the charity Anaphylaxis UK, according to a Fundraising Regulator report into the case.

It details that the family believed money raised would be used by the charity to set up a fund in Owen’s name to raise awareness of severe allergies among young adults, and that they would have input into how the money would be used.

But they later discovered this was not the case. Instead, donations were not held as restricted funds and were instead being used to support the charity’s overall objectives to support those impacted by serious allergies.

The fundraiser raised just over £10,000 from almost 200 donors.

When the family asked for money to be reallocated to a specific cause agreed by both sides they were told by the charity that instead the family’s work would be recognised in training materials and a supporting video.

“The complainant brought their complaint to us because they were unhappy with the charity's response to their concerns,” said the regulator.

“They told us that they believed the money donated to the memorial fund had not been used for the purpose for which it was given.”

Following a review of the fundraiser, including the wording of its JustGiving campaign, the regulator found that the charity was in breach of its code as it “did not use donations for the purpose they were given”.

A particular concern is that the charity implied donations would be restricted to awareness raising among young adults, but this was “not adhered to”.

The regulator also found that “the charity failed to provide sufficient information to enable donors to make an informed decision”.

“Early exchanges revealed confusion about how the funds could be used, likely due to the charity’s evolving relationship and sensitivity regarding the family's loss,” added the regulator.

Lack of information

A further breach was found in a lack of appropriate information and support provided to the family as fundraisers “on behalf of” the charity.

Charities have to provide support to those fundraising on their behalf.

“We concluded the family was acting as volunteer fundraisers ‘on behalf of’ the charity, which made the charity responsible for ensuring their compliance with the code,” explains the regulator in its ruling.

“We acknowledge that many charities often struggle to distinguish ‘in aid of’ from ‘on behalf of’ fundraisers, and we consider that the charity was likely unaware of its responsibilities, meaning the complainant was not properly informed before they began fundraising for the charity.

“On this basis, we consider that the charity breached the standard which is related to providing volunteers with the appropriate information and support.”

The charity has been recommended to ensure its staff are aware of the distinction between fundraising ‘in aid of’ and ‘on behalf of’ its work.

Communications strategies with donors “who may be in potentially vulnerable circumstances” also needs to improve.

The charity’s spending of money raised from the campaign also needs to be reviewed to assess whether money has been spent on the campaign’s stated aim of awareness raising among young adults.

“If the funds were not used for this purpose, the trustees should seek legal advice on whether they can refund donations made via the platform, in accordance with charity law,” said the regulator, which points out that its investigation was carried out using the 2017 Code of Fundraising practice as the fundraising took place between that year and early 2019.

The regulator also points out that a complaint around misleading communications being used was not upheld as the charity had “genuinely intended to collaborate” with the family, but “due to a complete change in leadership” funds were used for other purposes.

Action taken

The charity has said it acknowledges the regulator’s findings and “welcomes the opportunity to further strengthen communication and compliance across our fundraising activity”.

It also points out that the case dates back eight years and the charity has undergone “significant internal changes” since then.

“Nevertheless, Anaphylaxis UK is a learning organisation, and we welcome guidance that helps us continuously improve the services we provide to our beneficiaries,” it said.

Action taking includes improving staff training focusing on donor safeguarding, ensuring donation information is clearer and improving documentation of meetings and decisions.

It is also reviewing its support for young people, that includes awareness raising in schools, a podcast and a psychology service.

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