Education, Research and Politics

Many university research centres, and other educational charities, engage in public policy research, analysis and advice.  The work of such 'think tanks' can make a significant impact on public policy as well as raising the profile of the organisation concerned.  However, working so close to the political environment carries significant risks as a recent Charity Commission investigation makes clear.

On 18 July, the Charity Commission reported the results of its inquiry into the Smith Institute.  The inquiry lasted almost six months and the resulting report runs to almost 50 pages.  Responses to the report vary widely.  Some see the result as a vindication of a charity faced with a 'naïve' approach to the work of think-tanks, others as a demonstration of ongoing political bias which should prompt closer investigation of similar organisations.

Whatever your view, the inquiry report and the associated regulatory reports on the Reform Research Trust and Policy Exchange highlight a number of issues relevant to any charity engaged in research or education.

These include:

• The need to ensure the political neutrality of work created when a charity operates close to the political environment.
• The importance of managing public perceptions to minimise the risk that the charity's reputation will be damaged by a perception (however inaccurate) that it is involved in party politics.
• Trustees have a fundamental responsibility to ensure their charity's activities further their charitable purpose.  As part of an ongoing risk assessment trustees should regularly re-evaluate the charity's work, asking themselves if its activities successfully further the charity's objects.
• Education, in a charity law context, does not have to be value free and completely impartial.  It may be based on broad values that are uncontroversial and would be generally supported by objective and informed people but can not be used to promote a political or predetermined point of view.  Those being educated must be allowed to make up their own minds on controversial issues.  Educational charities should:
  • research and present information in a balanced way;
  • consider the arguments in an appropriate way related to the evidence; and
  • ensure conclusions are based on evidence and analysis.
• The aims of hosted events should be clearly defined.  They should in general be clearly linked to, and advance, a programme of research which should be identified prior to the event.
• Both regulatory reports highlight the need for transparency in relation to the nature of activities carried out by the charities concerned.
• The Charity Commission expects trustees to 'make conscientious and continuing efforts to ensure that they resolve the issues ... raised with them by the Commission'.  Where charity trustees make commitments to the Commission in order to resolve a regulatory query the Commission will take a serious view of a failure to meet such commitments.
• As a result of the Commission' previous engagement with the Smith Institute, the trustees established an Advisory Committee to advise the trustees on the selection of areas of study and research.  This is a common approach to ensuring that a charity's educational activities are appropriately balanced, particularly where the charity operates in a politically sensitive arena.  In this case, the inquiry report raised a number of concerns about the role of the Advisory Committee and the trustees accepted that 'there is a degree of uncertainty as to what precisely the Advisory Committee does and should do'.  Where an Advisory Committee is established, its members should be adequately informed about the nature of their role and the intended purpose of the committee.
• The need to regularly and actively assess and manage the risks arising from its activities including perceptions about independence and the risks of working close to the party political environment.
• The Charity Commission's decision to publish reports on regulatory contact with charities which fall short of formal inquiries provide charity trustees with a useful source of information - and the potential for embarrassment if their charity is the subject.