Charity Fundraising, Vulnerable Donors and the Law.

Charities depend heavily on public generosity, but fundraising must be conducted legally, honestly and respectfully. Repeated letters, persistent telephone calls, pressure to increase donations or attempts to exploit a person's vulnerability can cause distress and seriously damage public trust.

Charities remain entitled to ask for financial support, but trustees and fundraisers must ensure that people can make informed and voluntary decisions without unreasonable pressure.

The Regulation of Charity Fundraising

Fundraising by charities in the UK is regulated through a combination of legislation, data protection law, consumer protection rules and the Code of Fundraising Practice.

The Fundraising Regulator sets and promotes the standards contained in the Code. The Code applies to charitable institutions and third-party organisations carrying out fundraising on their behalf.

The current Code of Fundraising Practice came into force on 1 November 2025 and requires charitable fundraising to be legal, open, honest and respectful.

Who Is a Person in Vulnerable Circumstances?

Vulnerability is not limited to age, disability or a medical diagnosis. A person may be vulnerable permanently, temporarily or only in relation to a particular fundraising approach.

Relevant circumstances may include:

• Dementia or another condition affecting memory or understanding
• Learning disabilities
• Mental health difficulties
• Bereavement
• Serious illness
• Financial hardship
• Loneliness or social isolation
• Difficulty understanding written or spoken information
• Being under the influence of medication, drugs or alcohol
• Pressure from relatives, carers or another person
• A recent traumatic event

A person should not be assumed to lack capacity or independence solely because they are elderly or disabled. Fundraisers should consider the individual's circumstances and whether they appear able to make an informed and voluntary decision.

How Must Fundraisers Treat Vulnerable People?

Fundraisers must give proper consideration to the needs of people who may be in vulnerable circumstances or require additional support.

They should not:

• Exploit a person's lack of knowledge, apparent need for companionship or inability to understand the request
• Continue asking after the person has indicated that they do not want to donate
• Use excessive pressure, guilt or emotional manipulation
• Encourage a donation that appears unaffordable
• Accept a donation where there are reasonable grounds to believe that the person cannot make an informed decision
• Suggest that refusing to donate will directly cause someone to suffer or die
• Mislead the person about how the donation will be used

Where a fundraiser has concerns, they should slow down the discussion, explain the request clearly and consider ending the approach without accepting a donation.

Does Vulnerability Mean a Person Cannot Donate?

No. People in vulnerable circumstances should not be automatically excluded from supporting charities.

The purpose of the rules is to protect individual choice, not remove it. A person who understands the request and can decide freely may donate even if they are elderly, disabled, unwell or receiving support from another person.

The fundraiser should avoid making assumptions and should provide any reasonable assistance needed to help the person understand the donation.

Aggressive or Persistent Fundraising

Fundraising should not be unreasonably persistent or place undue pressure on a potential donor.

Examples of unacceptable conduct may include:

• Repeatedly contacting someone after they have asked for communications to stop
• Continuing a doorstep conversation after the householder has declined
• Making repeated requests during the same call
• Pressuring a person to increase a regular donation
• Following someone who attempts to leave a street fundraising conversation
• Using distressing language intended to overcome a clear refusal
• Contacting a person through several channels after they have opted out

The frequency of contact should be reasonable and should take account of the donor's preferences and previous responses.

Requests to Stop Fundraising Communications

A person has the right to ask a charity to stop sending direct marketing communications.

The charity should record and respect that request. It may retain limited information on a suppression list so that the person is not accidentally contacted again.

The person should be able to object to direct marketing easily and without having to explain why they no longer wish to receive fundraising requests.

The Fundraising Preference Service

The Fundraising Preference Service allows members of the public to request that direct marketing communications from named charities stop.

It may be used by the individual concerned or, in appropriate circumstances, someone acting on their behalf.

The service can help where a person continues to receive communications after making an ordinary opt-out request or where a relative is assisting someone vulnerable.

Charity Letters and Postal Fundraising

Charities may send fundraising requests by post, but they must comply with data protection law and respect objections to direct marketing.

Postal appeals should:

• Identify the charity clearly
• Provide accurate information
• Explain how to stop future communications
• Avoid misleading or excessive emotional pressure
• Use personal information fairly and lawfully

Charities should monitor the overall volume of correspondence sent to the same person, particularly where several appeals or related organisations use shared information.

Telephone Fundraising

Telephone fundraising is subject to privacy and electronic communications rules.

Charities should screen relevant numbers against the Telephone Preference Service where required and must not call someone who has objected to receiving direct marketing calls from that organisation.

Fundraisers should identify themselves and the charity clearly, explain the purpose of the call and end it promptly where the person does not wish to continue.

Automated marketing calls are subject to stricter consent requirements.

Email, Text and Messaging Fundraising

Fundraising emails, text messages and direct messages generally count as direct marketing and must comply with data protection legislation and the Privacy and Electronic Communications Regulations.

From April 2026, charities can use a charitable-purpose soft opt-in in certain circumstances. This may allow a charity to send electronic fundraising messages to someone who has expressed an interest in or offered support to that charity without obtaining separate prior consent.

The soft opt-in is subject to conditions. The charity must:

• Have obtained the contact details during an expression of interest or offer of support
• Use the messages only to further its own charitable purposes
• Provide a clear opportunity to object when the details are collected
• Include an easy opt-out in every subsequent message

The soft opt-in does not give charities unrestricted permission to contact anyone whose details they hold. Data protection principles and individual objections must still be respected.

Sharing and Selling Donor Information

A charity must have a lawful basis before sharing personal information with another organisation.

Donors should be told clearly how their information will be used and whether it may be shared. Personal information should not be traded or disclosed in a way that the donor would not reasonably expect.

Special care is required with information suggesting that a person is wealthy, elderly, vulnerable or likely to respond to repeated requests. Profiling individuals as particularly susceptible to fundraising pressure can create serious legal and ethical concerns.

Profiling and Wealth Screening

Some charities use publicly available or commercially obtained information to identify potential major donors.

Where profiling or wealth screening involves personal data, the charity must comply with the UK GDPR and Data Protection Act 2018.

This may require the charity to:

• Identify a lawful basis for the processing
• Provide clear privacy information
• Use accurate and relevant information
• Allow individuals to object
• Carry out an impact assessment where the processing presents a high risk
• Avoid unfair or intrusive assumptions

Information should not be used to target people who appear less able to resist pressure or understand the consequences of donating.

Third-Party Fundraising Agencies

A charity may appoint a professional fundraising agency to make calls, conduct street collections or obtain regular donations.

Using an external agency does not remove the charity's responsibility for how fundraising is conducted in its name.

Trustees should carry out due diligence and ensure that the agreement covers:

• Compliance with the Code of Fundraising Practice
• Training and supervision
• Treatment of vulnerable people
• Handling of complaints
• Data protection and security
• Monitoring and audit rights
• Payment and incentive arrangements
• Ending the contract where standards are breached

The charity should monitor performance rather than relying solely on assurances given by the fundraising company.

Commission and Incentive Payments

Payment arrangements should not encourage fundraisers to use pressure, mislead potential donors or disregard signs of vulnerability.

Where results pay a fundraiser, the charity should consider whether targets or commission arrangements create a risk of inappropriate behaviour.

Fundraisers must also make any legally required statements explaining whether they are paid and how their organisation is connected to the charity.

Trustees' Responsibilities

Charity trustees are ultimately responsible for overseeing fundraising carried out by or on behalf of the charity.

They should ensure that:

• Fundraising complies with the law and recognised standards
• Risks are identified and managed
• Staff and agencies receive suitable training
• Complaints are reviewed and acted upon
• Personal information is used properly
• Fundraising expenditure is proportionate
• Thecharity'ss reputation and beneficiaries are protected

Trustees should receive sufficient information to identify patterns such as excessive complaints, high cancellation rates or allegations of pressure and misleading conduct.

Annual Reporting by Larger Charities

Certain larger charities must include information about fundraising in their trustees' annual report.

The report may need to explain:

• The charity's approach to fundraising
• Whether professional fundraisers or commercial participators were used
• Whether the charity follows recognised fundraising standards
• How fundraising activity was monitored
• The number of complaints received
• How the charity protects vulnerable people and others from unreasonable intrusion, pressure or persistent approaches

The reporting duty encourages trustees to take direct responsibility for fundraising conduct rather than treating it solely as an operational matter.

Misleading Fundraising Claims

Fundraising communications must be accurate and should not create a false impression about the charity, its work or how donations will be spent.

A charity should not:

• Suggest that all donations will be used for one purpose when this is not true
• Use false or materially altered case studies
• Exaggerate the urgency or effect of a donation
• Hide significant fundraising or administration costs where disclosure is necessary
• Claim that a donation is compulsory
• Imply that the fundraiser is an unpaid volunteer when they are being paid

Misleading information remains one of the most common subjects of fundraising complaints.

Donations Made by Mistake or Under pressure

A donor who believes that a donation was made by mistake, without proper understanding or because of undue pressure should contact the charity promptly.

Whether the charity is legally able or required to refund the donation will depend on the circumstances, the type of gift and charity law restrictions on returning charitable funds.

Trustees may need professional advice where there is doubt about the donor's capacity, evidence of exploitation or a request for the return of a substantial gift.

Concerns About Mental Capacity

A person must be able to understand, retain, use or weigh relevant information and communicate their decision to have capacity for the particular donation.

Capacity is decision-specific. A person may be able to make a small routine donation but not understand the consequences of transferring a substantial part of their savings.

Where there is a genuine concern that a donor lacks capacity, the fundraiser should not proceed merely because the person appears willing to sign a form or provide payment details.

Legacy Fundraising

Charities may provide information about leaving a gift in a will. Still, they must not place improper pressure on someone to include the charity or change an existing will.

The charity and fundraiser should avoid:

• Giving legal advice unless appropriately qualified
• Drafting or witnessing a will in circumstances creating a conflict of interest
• Pressuring someone who is ill, bereaved or dependent on the charity
• Suggesting that support or services depend on making a gift
• Interfering with the donor's independent relationship with their solicitor

A person considering a charitable legacy should obtain independent advice from a solicitor.

Door-to-Door and Street Fundraising

Face-to-face fundraising must be conducted respectfully and in accordance with any licensing, site-management or local authority requirements.

A fundraiser should not:

• Block someone's path
• Follow a person who has declined to engage
• Enter a home without permission
• Ignore a request to leave
• Fundraise at a property displaying an applicable no-cold-calling notice
• Target someone who is clearly distressed or unable to understand the request

Collectors should carry appropriate identification and explain whether they are employed, working for an agency or volunteering.

How to Complain to a Charity

A complaint should normally be made to the charity or fundraising organisation first.

The complaint should include:

• The name of the charity
• The date and method of contact
• Details of what was said or sent
• Why the conduct was inappropriate
• Any previous request to stop contact
• The outcome being requested

Copies of letters, emails, screenshots and telephone records should be retained where available.

Complaining to the Fundraising Regulator

If the charity does not resolve the matter, the complaint may be referred to the Fundraising Regulator where it concerns a possible breach of the Code of Fundraising Practice.

The regulator can consider concerns including:

• Too many fundraising requests
• Misleading information
• Pressure or unfair treatment
• Failure to protect a vulnerable donor
• Failure to respect an opt-out
• Improper conduct by a third-party fundraiser

The regulator may investigate, publish findings and require changes to fundraising practices. It does not generally award compensation to complainants.

Complaining to the Information Commissioner

A person may complain to the Information Commissioner's Office where the concern involves misuse of personal information, unsolicited electronic marketing or failure to respect a data protection objection.

The individual should normally raise the issue with the charity first and retain evidence of the request and response.

The Role of the Charity Commission

The Charity Commission regulates charities in England and Wales and can become involved where fundraising problems indicate serious mismanagement, misconduct or risk to the charity and its assets.

It does not investigate every individual fundraising complaint. Routine concerns about fundraising methods should normally be directed first to the charity. Then to the Fundraising Regulator.

Serious incidents may need to be reported to the Charity Commission by the trustees themselves.

Can Aggressive Fundraising Be Unlawful?

Depending on the circumstances, aggressive fundraising may breach:

• Data protection legislation
• Privacy and electronic communications rules
• Consumer protection law
• Harassment law
• Fraud legislation
• The rules governing professional fundraising agreements
• The Code of Fundraising Practice

A repeated course of alarming or distressing conduct could potentially amount to harassment. However, ordinary unwanted fundraising will not automatically meet the criminal or civil legal test.

What Should Relatives and Carers Do?

A relative or carer concerned that a vulnerable person is receiving excessive fundraising communications should discuss the situation with them where possible.

Practical steps may include:

• Contacting the charities and requesting that communications stop
• Using the Fundraising Preference Service
• Reviewing direct debits and standing orders with the person's agreement
• Checking whether personal data has been shared
• Contacting the bank where fraud or financial abuse is suspected
• Seeking safeguarding advice from the local authority
• Obtaining legal advice about capacity or a power of attorney

A relative does not automatically have authority to cancel donations or manage another person's finances. Appropriate legal authority may be required.

Maintaining Public Trust

Charitable fundraising provides essential funding for medical research, community services, disaster relief, animal Welfare and many other public benefits.

Persistent or exploitative fundraising risks discouraging people from supporting charities at all. Good fundraising should therefore respect the donor's independence and recognise that public confidence is one of the charitable sector's most important assets.

Obtaining Legal Advice

A charity facing a serious complaint, regulatory investigation, data breach or dispute over a substantial donation should obtain specialist legal advice.

A donor or family member may need advice where there are concerns about undue influence, mental capacity, harassment, misuse of personal information or financial abuse.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal, financial, data protection or charity-law advice. Fundraising standards, direct marketing rules and regulatory procedures may change, and their application will depend on the individual circumstances. You should seek advice from a suitably qualified solicitor, the relevant regulator or another appropriate professional before taking or refraining from action.