The Donations Acceptance and Refusal Policy is for the guidance of trustees, staff, volunteers, supporters, partners and fundraisers of SSAFA.  

It relies for guidance on the Institute of Fundraising’s briefing on accepting, refusal and return of donations (May 2018), and the Charity Commissions guidance publications for trustees (especially CC3, CC7 and CC20). 

Please note that this policy is written in accordance with charity law in England and Wales.  In Scotland, different provisions may apply in some areas – e.g. the making of ex-gratia payments in the return of donations - where additional advice will need to be sought.  

SSAFA, as governed by its Council of Trustees, ensures that all marketing and fundraising activities carried out on its behalf are consistent with best practice as defined by the Charities Act (2016) and the Code of Fundraising Practice, and that any donation from, or relationship with, a third party does not compromise this policy, damage SSAFA's reputation or that of its partners and stakeholders, or jeopardise future fundraising opportunities.   

SSAFA seeks to fully comply with relevant legislation, including data protection, money laundering and anti-bribery, as well as following government guidance in relation to acts of terrorism and political activity.   

SSAFA’s Council is governed by the Charity Commission and acts in a manner that is consistent with the Commission’s governing policies.  

The Council seeks to maximise SSAFA’s income and the distribution and disbursement of funds for the purposes of SSAFA’s charitable activities.  Section 4 of CC20 covers the fundraising aspects of this in outline. 

 A Donation Acceptance and Refusal Policy (also known as an ethical fundraising policy) ensures that SSAFA actively manages risks inherent in and associated with donation acceptance and refusal.  

As a key interface between the charity and the public, fundraisers are at the forefront of building public support and confidence in SSAFA.  Unethical and unregulated fundraising activities, aggressive marketing or ‘sales’ tactics, or a general lack of fairness and transparency by its fundraisers risk tarnishing SSAFA’s reputation and, potentially, censure and/or financial penalties.   

This could jeopardise the support of the individual donors, corporate and independent funding partners on which SSAFA depends for its long-term survival, and which enable the charity to carry on its charitable purpose and mission.   

All SSAFA fundraisers – paid and voluntary - bear a personal responsibility to ensure that they act appropriately, and understand the risks involved in fundraising activities and partnerships.  A clear policy on acceptance and refusal of donations will help them to do this.  

 SSAFA will generally accept financial support from, and work in partnership with, third parties (companies and individuals) on the understanding:  

• that the outcomes of fundraising will be used to support SSAFA’s charitable objects;  
• that fundraising activities will not bring adverse publicity either to SSAFA itself or to the Armed Forces, Ministry of Defence or Government;  
• that no attempt is made by any company or individual to link a donation with an attempt to influence the policy or activities of SSAFA;  
• that SSAFA’s independence is not compromised by its fundraising activities. 

The Council (or its delegated representatives) will accept any donation offered to SSAFA (save as described below in section 7.2 and 8).  

The law allows practical and ethical factors to be considered where they are relevant to SSAFA’s objects, notwithstanding:   

• trustees are required to accept charitable donations unless the acceptance of the donation would not be in the best interests of SSAFA (i.e. to relieve the need, suffering and distress of our armed forces, veterans and their families);  
• trustees have a duty of care to consider whether SSAFA’s interests will be better served by acceptance or refusal of donations;  
• in exercising this power, trustees must not allow personal views or prejudices to affect their conduct and decisions;  
• trustees must be able to demonstrate that they have acted in the best interests of SSAFA, irrespective of their personal views and interests, in all cases.  
• In exercising this duty of care and in representing the best interests of SSAFA, trustees have delegated the day-to-day (or, ‘operational’) decision-making authority to the senior management team’s Management Board broadly, and to the Director of Fundraising, Marketing & Communications in matters of specific relevance to fundraising activities and partnerships. 

The following basic rules apply in all cases.   

SSAFA may refuse opportunities:  

• from an organisation that conflicts with SSAFA’s charitable objects and values;  
• where the activities of a donor are directly harmful to SSAFA’s objects, its policies or beneficiaries;  
• from political parties other than for activities that are permitted by law;  
• that are offered from the proceeds of a criminal activity such as money laundering or bribery;  
• that go against its Counter Fraud, Bribery and Corruption Policy;  
• from proceeds of gambling activity arranged outside the UK that if arranged within the UK would be required to be registered with the Gambling Commission, unless it is a country provided with the appropriate Gambling Commission permits to advertise its gambling services in the UK under the Gambling Act 2005; and is properly licensed and regulated to carry out gambling activities.  
• where accepting a donation from any particular source is inconsistent with Government policy. 

SSAFA may refuse opportunities:  

• where it is believed that the financial cost to SSAFA of accepting a donation/ opportunity will be greater than the value of the donation/opportunity itself;  
• where accepting a donation might impact adversely on SSAFA's reputation, and thus damage its longer-term fundraising prospects; 
• that could, in SSAFA’s opinion, bring the charity into disrepute or involve SSAFA in controversy or publicity which would do damage to its reputation and standing;  
• where the activities of the donor are potentially damaging to SSAFA’s objects or its beneficiaries.   

 To ensure that cause-related promotional and marketing efforts properly reflect the values of the charity, any initiative that is deemed potentially contentious must first be approved by the Controller’s Group (exec team) and, if necessary, the Council.   

Any partnership with a commercial organisation that involves the sale of a product or service to raise money for SSAFA and uses the organisation’s logo must be covered by a commercial participation agreement in line with the Code of Fundraising Practice. 

Once a donation has been accepted, then generally it can only be returned: 

• if the terms and conditions of the gift provide for it to be returned in particular circumstances; or 
• where the law specifically provides for the gift to be returned in particular circumstances; or 
• by way of an ‘ex-gratia payment’ (a payment made as a result of a compelling moral, but not legal, obligation).  This type of donation return is only permissible where SSAFA has received an order from the Charity Commission for England and Wales. 
• In Scotland, different rules cover the provision of ‘ex-gratia payments’. 

SSAFA will not knowingly purchase goods and/or services produced and delivered under conditions which involve any form of abuse or exploitation by/of third parties. 

Examples (not definitive) of such abuse and exploitation include:  

• the employment of child labour;
• the failure to pay employees a living wage; and
• evidence of any form of inhuman, unreasonable or discriminatory treatment of employees. 

Click here to see our Data Protection Policy