Charities in England and Wales
HEFCE has sought clarification from the [Charity] Commission as to how its guidance sits with
important principles such as academic freedom. The Commission has clarified that:
a) Charities can host or participate in debates on the issues in an informed and balanced way,
particularly as these would have educational value.
b) Educational activity should be subject to normal standards of conduct and academic rigour
and, as such, it should not be biased or leading, but may nevertheless come to an informed
conclusion either way.
c) The need for balance and neutrality applies to the totality of an institution’s teaching, rather
than individual lectures.
d) If an institution wishes to promote one outcome of the referendum, this is likely to fall
outside of its teaching activity and to constitute political activity – this is then subject to the
guidance issued by the Commission and by the Electoral Commission, including a
requirement to register with the latter if expenditure exceeds £10,000.
Points (a) – (c) fall outside of the Commission’s guidance. They relate to the charity’s pursuit of its
charitable objectives in the advancement of education and would therefore not constitute political
activity.
The Commission’s guidance on charitable purposes unpacks the purpose of the advancement of
education and notes that “charity law gives a wide meaning to education and does not limit it to
education in a classroom environment.” It goes on to note that the advancement of education
means “to promote, sustain and increase individual and collective knowledge and understanding of
specific areas of study, skills and expertise.” The Commission’s examples of types of charities that
are capable of advancing education includes research foundations and think tanks.
HEIs’ activities of research and knowledge transfer are therefore firmly within scope of the
charitable purpose of the advancement of education. As such, we would further interpret the
Commission guidance on the referendum as follows:
a) promoting one outcome of the EU referendum would constitute political activity
b) in respect of an HEIs’ charitable purposes, an HEI could explain how it currently benefits
from the UK’s membership of the EU in delivering its charitable purposes, and that it is
unclear whether those benefits would be maintained if there is a leave vote and therefore
that it may be best from its perspective to remain. However, HEIs must be careful to ensure
that any such discussion is focused solely on the impact on the HEIs’ delivery of its own
charitable purposes
c) other activities relating to the advancement of education – to include teaching, research and
the promotion of individual and collective knowledge and understanding - on the subject of
the referendum and related matters may be considered to further the charity’s charitable
purposes for the public benefit.
It is for each individual autonomous HEI to determine whether specific activities it is undertaking
constitute promoting a particular outcome and if so whether it is part of the charitable purposes of
the HEI as outlined above. HEIs must be able to explain why its activities are in line with its charitable
purposes and to register with the Electoral Commission if they plan to spend over £10,000.
General note
HEIs may wish to note that individuals who happen to hold posts within HEIs are free to say what
they like in their personal capacity. Individuals can also give their affiliation when doing so, providing
they make clear that they are not speaking for the organisation. In adopting this approach, HEIs
should consider the risk of the charity being perceived as being political and note that the trustees
must manage this risk.