Mosaic LGBT+ Young Persons’ Trust, Charity Number 1166676

 

Policy Owner: FRG Committee

Review Cycle: 48 months

Next Review Date: Nov 2027 (Updated and re-approved Nov 2023)

 

M Mindful

O Open

S Safe

A Agile

I Inclusive

C Community

1. Policy Scope

 

This policy sets the standards for Mosaic LGBT+ Young Persons’ Trust’s efforts to raise funds for our vital work supporting, educating, and inspiring young LGBT+ persons and those around them. 

 

In this policy, fundraising refers to the engagement of individuals and organisations in providing financial support for Mosaic’s work, as well as any commercial, trading, and retail activities we carry out to generate income. 

 

Examples of donations, or gifts, include but are not limited to:

 

• A voluntary transfer of money by an individual or organisation
• Items donated ‘in kind’ by an individual or organisation
• Corporate sponsorship of an event or activity
• Money raised through fundraising events
• Money left in a legacy for the benefit of the charity

 

2. Fundraising Responsibility

 

Mosaic trustees take ultimate responsibility for fundraising governance and compliance. They will devise and implement a fundraising strategy and will delegate operational management of fundraising to the Executive Director, with support from the Fundraising Subcommittee.

 

3. Legal and Standards Compliance

 

All fundraising activity must be conducted in line with the core principles of the charity’s objectives and values.

 

• At the time of the latest review, this policy is consistent with the Charity Commission’s legislation and guidance. Trustees are committed to following the six key principles set out by the Commission to meet their responsibility for the charity’s fundraising:
• Planning effectively (setting and monitoring Mosaic’s overall approach to fundraising, including risks, values, relationships with donors, income needs)
• Supervising fundraisers (systems in place to delegate and oversee responsibility)
• Protecting the charity’s reputation, money and other assets
• Identifying and ensuring compliance with the laws/regulations that apply to the charity’s fundraising
• Identifying and following any recognised standards that apply to the charity’s fundraising
• Being open and accountable

 

Since 2020 Mosaic is registered with the Fundraising Regulator, demonstrating our commitment to the standards set out in the Code of Fundraising Practice (the ‘code’). In line with the code, all fundraising carried out by and on behalf of Mosaic is legal, open, honest and respectful.

 

In addition, this policy adheres to and promotes the following legal requirements and regulatory codes, standards and guidance:

 

• Charities (Protection and Social Investment) Act 2016
• Charities Act 2006
• Charities Act 1992
• Data Protection Act 2018
• General Data Protection Regulation (GDPR)
• Safeguarding Vulnerable Groups Act 2006
• Equality Act 2010
• Payment Card Industry Data Security Standards (PCI-DSS).
• Chartered Institute of Fundraising ‘Treating Donors Fairly’ Guidance
• Gambling Act 2005
• Mental Capacity Act 2005
• Bribery Act 2010
• Anti-Money Laundering and Anti-Terrorism Financing Act 2001

 

If involving young persons in fundraising, Mosaic will adhere to the specific legal requirements around age limits applicable to the fundraising activity being organised. Young persons and their guardians will be given transparent information and guidance on the activity to carry out the fundraising safely and legally. No young person under 16 will be given overall responsibility for handling money or for counting collected money. 

 

4. Supporter Care 

 

Mosaic respects the rights of its supporters to clear, truthful information on the charity’s work, to openly report how we spend donated and statutory monies and to manage donors' information responsibly.

 

We will respect the privacy and contact preferences of all donors and adhere to GDPR requirements.  We will respond promptly to requests to cease contacts or complaints and act as best we can to address their causes.

 

When responding to a supporter or member of the public in vulnerable circumstances, anyone fundraising on behalf of Mosaic must take all necessary steps to understand if the supporter is able to make an informed decision about donating to and respond appropriately. If a supporter is deemed unable to make an informed decision the person fundraising for Mosaic must not accept the donation.

 

5. Use of Donations 

 

Where possible, we encourage all supporters to give financial support as general, unrestricted funds. This gives the charity the freedom to use funds where and when they are needed most.

 

If supporters wish to make a donation to a specific area of Mosaic’s work, they may make a restricted donation by providing written instructions to this effect with their donation. We will always respect this. Where we cannot fulfil the restriction of funds as requested, we will first attempt to discuss and negotiate with the donor how the donation will be spent. If the donor is not satisfied with changing the scope of the initial restriction of the gift, we will either reject or refund the donation accordingly.

 

If we receive donations as a result of a specific fundraising campaign (which supports a particular project or area of the charity’s work), these donations must be used for the purpose for which they were raised. We must also inform individuals and organisations what will happen if we do not raise enough or raise too much (for example, surplus amounts might go to Mosaic’s general charitable work). With the donor's explicit permission, we may reappropriate a donation if we do not raise enough to carry out the specific project or work.

 

6. Refusing Donations 

 

In line with the charity’s due diligence process, Mosaic in deciding whether to accept or decline a donation or gift will consider the charity’s best overall interest and will not accept donations from donors whose activities appear to be in direct conflict with our charitable aims and objectives.

 

Applications to trusts and foundations with income over £5 million, and all corporate prospects, will be adequately screened in advance of any fundraising approach to avoid reputational risk.

 

Care will be taken when considering accepting donations or in-kind gifts from organisations or individuals whose values may appear contrary to Mosaic's values, or whose collaboration could pose reputational risk. We would not, for example, accept a gift from an individual or organisation whose activities were known to discriminate against LGBT+ persons or to endanger children and young persons.

 

To refuse a donation, there must be an exceptional reason. This could be because:

 

• The donation would be unlawful
• Accepting the donation would be detrimental to achieving our charitable goals
• The donation is not in line with our values

 

While ethics and values will be important in reaching the decision, these cannot be decisive factors. We must be able to demonstrate that accepting the donation would either be detrimental to our charitable aims or increase the risk of losing donations from other supporters by at least an amount equivalent, in the long term, to the value of the donation.

 

In the event that the Trustees are unable to reach a decision, the Board may refer the donation to the Charity Commission for guidance.

 

We must not accept a donation from a member of the public who lacks capacity at the time of donation.

 

7. Returning Donations 

 

Mosaic will only refund donations in accordance with charity and UK law.

 

The law allows practical and ethical factors to be taken into account, provided they are relevant to the specific charity and situation. However, donations to charities can, and should, only be refused in exceptional circumstances.

 

Once a charity has accepted a donation, it can only return it:

 

• 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 (including the person who made the donation at a time when they lacked capacity); 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 will only be permitted where the charity has received an order from the Charity Commission for England and Wales, or
• Where the original gift was processed in error, such as for a higher amount or processed in duplicate (e.g. £500 charged to a credit card instead of the requested £50).
• Where keeping a donation would either be detrimental to our charitable aims and/or increase the risk of losing donations from other supporters at least equivalent, in the long term, to the value of the donation

 

Mosaic will not issue a refund for:

 

Any gifts that do not meet the aforementioned legal requirements. For instance, if a customer had adequate mental capacity when they made a donation but has since changed their mind, we cannot, by law, refund the donation.

 

In the event that the Trustees are unable to reach a decision, the Board may refer the donation to the Charity Commission for guidance.