Contents
1 Introduction
Fundraising is an excellent means to enable the purchase of goods, equipment or services which are not currently available within capital or revenue budgets. For the public, donating cash or equipment or actively raising funds is seen as a positive way of supporting local NHS services and often as a way of expressing gratitude for treatment received, or as a way of remembering a loved one who was cared for by the organisation in question.
Charitable funds consist of money which has been either donated to the trust, left in a legacy, raised through fundraising events or donated in response to a fundraising appeal.
The control and management of these charitable funds is the responsibility of the board of directors of Rotherham, Doncaster and South Humber NHS Trust (RDaSH) acting as the corporate trustee, delegated to the charitable funds committee and via the trust’s standing financial instructions and scheme of delegation through to the charitable funds manager and fund budget holders.
The Gambling Act 2005 places upon the trust a duty to ensure that any forms of gaming, for example, raffles, lotteries, etc which involve the participation of individuals who are not members of the public, must comply with both the registration and operational requirements of the act. This is done to ensure the interests of those individuals are protected by statute.
2 Purpose
To protect the trust, its staff and patients from the risks associated with fundraising activity.
To ensure that our wards and services benefit from those seeking to support us, individuals, companies and organisations that make donations and fundraise should have total confidence that their gift is received and managed in line with their wishes and in accordance with best practice and charity law.
To affirm the trust’s commitment to comply with the requirements of the Gambling Act 2005 and to set out the procedural arrangements which must apply internally to ensure compliance.
3 Scope
Staff wishing to promote their own fundraising (for a charity other than RDaSH) for example, McMillan coffee mornings, Christmas jumper day etc. must seek the approval of their line manager or immediate supervisor. If their line manager has any doubt about the fundraising they should contact the charitable funds manager for guidance. Fundraising activities should not be in conflict with the ethos of the NHS.
All managers and staff working directly or indirectly for the trust must comply with this policy.
4 Responsibilities, accountabilities and duties
Staff are responsible for informing the fundraising manager of any planned fundraising activities in accordance to this policy and if in any doubt regarding fundraising activities, assistance is available from the fundraising manager.
All fundraising conducted on behalf of RDaSH, whether by staff or volunteers must comply with the Institute of fundraising code of practice.
All fundraising must comply with:
- Charities Act (2016)
- Licensing Act (2003)
- Gambling Act (2005)
- Equality Act (2010)
- GDPR and Data Protection Act (2018)
- Safeguarding Vulnerable Groups Act (2006)
- Health and Safety at Work Act (1974)
- Management of Health and Safety at Work Regulations (1999)
This is not an exhaustive list.
The trust is required to hold a licence from the local authority to cover any form of gaming including raffles and lotteries. The charitable fund manager is responsible for collating the information from the application forms and sending a report to the local authority.
5 Procedure and implementation
5.1 Registration
In order to provide a transparent and co-ordinated approach, the trust asks that RDaSH fundraising manager is made aware of all charitable activity on trust premises and externally.
Anyone wishing to fundraise for RDaSH must register their proposed activity with the fundraising manager by completing a fundraising registration form (appendix A) and forwarding the completed form by email to rdash.charitablefunds@nhs.net or by post to the fundraising manager, Rotherham, Doncaster and South Humber NHS Trust, Finance Department, Holly Lodge, Tickhill Road Site, Balby, Doncaster, DN4 8QN.
Anyone fundraising for RDaSH who has not first registered their activity will be deemed to be acting independently of RDaSH and, as such, the charity takes no responsibility for their actions.
Services are encouraged to undertake their own local fundraising activities, provided these are registered in advance with the funds manager. It is the policy of RDaSH not to engage in house-to-house collections, street fundraising or phone fundraising.
The intention to conduct a raffle, lottery or any other form of gaming must be formally registered with the charitable funds manager on the fundraising return, raffles, lotteries and other forms of gaming attached at appendix B. This document requires an individual member of staff (the “promoter”) to take personal responsibility for the conduct of the lottery, raffle, etc. and to describe both the purpose and the operational arrangements which will apply.
Any raffle, lottery, etc. not registered will not be covered by RDaSH’s registration and no retrospective approval will be given.
5.2 Authorisation
On receipt of the fundraising form, the fundraising manager will inform the applicant whether approval has been granted to conduct the fundraising activity via email within 7 days of receipt.
On receipt of the fundraising return, raffles, lotteries and other forms of gaming, the charitable funds manager will complete the authorisation (section 2) and return it to the nominated promoter who will be required, once the lottery, raffle, etc. has been conducted, to complete section 3 of the document detailing the financial aspects and return this to the charitable funds manager, Finance department, Holly Lodge, Tickhill Road Site, Balby, Doncaster, DN4 8QN within 7 days of the fundraising event.
5.3 Charity brand and fundraising literature
The use of the charity brand (logo, charity name and charity number) will be agreed by the fundraising manager. Any literature, including brochures, used to attract support, shall be co-ordinated by the fundraising manager and other relevant departments so that the most accurate information appropriate to a particular fundraising effort is reflected.
The head of communications will have the final decision on the use of the charity brand on any literature.
The fundraising manager shall ensure that all literature is kept updated and be responsible for maintaining a master calendar of all fundraising events.
All fundraising publicity must state quite clearly who will benefit from the fundraising scheme, or which item of equipment will be purchased.
5.4 Fundraising activities
Proposed fundraising activities, whether undertaken by staff or an outside body, should not attract adverse publicity for RDaSH as fundraising activities that meet with public disapproval can damage the RDaSH’s reputation. Those events that have an added health benefit for participants are positively encouraged.
5.5 Proceeds from fundraising
All funds raised in the name of the charity must be paid into the charity’s bank account within 7 days of completion of the fundraising activity, raffle, lottery or other form of gaming.
The charity will not accept donations from organisations whose income is primarily from the following sources:
- gambling companies or organisations
- companies or organisations associated with alcohol, tobacco or tobacco replacement industry
Any other donor with whom an association might potentially bring RDaSH into disrepute.
5.6 Failure to comply
Failure to comply with the requirements of the Gambling Act is a criminal offence and therefore it is imperative that the above procedure is followed in all cases.
Any member of staff who conducts a raffle, lottery or other form of gaming without adherence to this procedure will be liable to disciplinary action. Where any incidents involving suspected fraud are identified, RDaSH’s counter fraud, bribery and corruption policy should be followed and advice sought from the counter fraud specialist (amanda.smith61@nhs.net).
5.7 General data protection regulations
If it is the intention to collect or process personal data of individuals participating in fundraising events, lottery, raffle, etc. guidance must be sought from the information governance team to ensure that the data subject’s rights are upheld, and the trust does not breach legislation.
6 Training implications
There are no specific staff training needs identified in relation to this policy, but the following staff will need to be familiar with its contents; trustees, executive directors, non-executive directors, care group directors, ward managers and members of staff and any other individual or group with a responsibility for implementing the contents of this policy.
Further advice and information may be obtained from the Charitable Funds Manager, Finance Department, Holly Lodge, Tickhill Road Site, Balby, Doncaster, DN4 8QN.
7 Monitoring arrangement
7.1 Analysis of all applications to fund-raise including any forms of gaming, for example, raffles
- How: Calendar of fundraising activities and applications summarised and collated onto a spreadsheet.
- Who by: Charitable funds manager and fundraising manager.
- Reported to: Executive director of finance and performance and Doncaster metropolitan borough council.
- Frequency: Quarterly.
7.2 Money raised from event is accounted for within charitable funds
- How: Receipts from fundraising events are checked against application forms.
- Who by: Internal audit service.
- Reported by: Executive director of finance and performance Doncaster metropolitan borough council.
- Frequency: Bi-annually.
8 Equality impact assessment screening
To access the equality impact assessment for this policy, please email rdash.equalityanddiversity@nhs.net to request the document.
8.1 Privacy, dignity and respect
The NHS constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, “not just clinically but in terms of dignity and respect”.
As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).
8.1.1 How this will be met
No issues have been identified in relation to this policy.
8.2 Mental Capacity Act (2005)
Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals’ capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.
Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.
8.2.1 How this will be met
All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).
9 Links to any associated documents
10 References
- The Gambling Act 2005 (opens in new window)
- Institute of Fundraising Code of Practice (opens in new window)
- Safeguarding policies and procedures (opens in new window)
11 Appendices
11.1 Appendix A Fundraising registration form
11.2 Appendix B Fundraising return
Document control
- Version: 7
- Unique reference number: 198.
- Ratified by: Charitable funds manager and Charitable Funds Committee.
- Date ratified: 6 March 2024.
- Name of originator or author: Assistant director of finance.
- Name of responsible individual: Director of finance and performance.
- Date issued: 14 March 2024.
- Review date: 31 March 2027.
- Target audience: Members of staff wishing to conduct fundraising activities including any form of gaming including lotteries and raffles.
Page last reviewed: January 17, 2025
Next review due: January 17, 2026
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