Sharing Stories of Children in Fundraising

Freely given informed consent is defined as:  

• Giving sufficient and appropriate information [about the research], to allow participants to make a meaningful choice about whether or not to take part 
• Ensuring that there is no explicit or implicit coercion, so prospective participants can make an informed and free decision on their possible involvement. 

For fundraisers, this means that they should be continually assessing if the child and their support network have enough information about the short- and long-term impact of sharing their story and not feel pressured or obligated to do so.    

Many factors that can influence whether a child and their support network are giving freely informed consent, including how much information they are given, how they are asked for consent, and how that consent is recorded. This section will help you approach these in a way that prioritises the child’s best interests, including the rules around consent, how they apply to fundraising, asking for consent and agreeing what information can be shared in fundraising materials.  

There is no law specifying at what age a charity should confirm consent from a child, rather than from a responsible adult, however, there are laws which can help fundraisers establish the approach for the child’s safety and wellbeing.  

In England, Scotland, Wales and Northern Ireland a child is defined as someone under 18.  

This also applies internationally, under the United Nations Convention on the Rights of the Child (UNCRC), which defines a child as everyone under 18 unless, "under the law applicable to the child, majority is attained earlier". 

NSPCC's guidance on children and the law provides further details on the definition of children.   

The age of consent in England, Scotland, Wales and Northern Ireland is 16.  

This law has also been used as a basis for other activities that children can legally do, including work, apply for housing and live independently, although this varies from nation to nation. Childline and Young Scot provide an overview of some of the key activities children can take part at different ages. 

Under UK Data Regulations, only children aged 13 or over are able to provide their own consent to processing data. For children aged 12 and under, you must get consent from whoever holds parental responsibility.  

There are also special protections for children when using their personal data. When processing a child’s data, a charity will need to consider how they record, store and present information safely. Similarly, some information recorded about a child could be sensitive and therefore would be considered special category data, in which case additional protections are needed to store and process it.  

The ICO’s guidance What should our general approach to processing children’s personal data be? provides more advice on how to manage children’s data.  

The rules in the section above are not a step-by-step guide on how to ask a child for consent to share their story, however they can provide a framework to help charities determine what is in the best interests of the child. It’s possible that charities will adopt different age-limits or procedures depending on their relationship with the child, the kind of fundraising they do, or their charitable objectives.   

Below are some of the key questions areas to consider and possible ways to approach them:      

Given the public nature of fundraising campaigns, in most cases there should be a responsible adult present throughout the process. This can be a parent, guardian or caseworker, if the child is independent. For younger children or infants, they might act on the child’s behalf to sign consent forms or provide details about the story. Alternatively, they might take on an advisory or support role to help an older child make the best decision for themselves.   

Even if the child is very confident in their decision or close to their 18th birthday, it can be hard to understand the long-term impact of their story being in the public eye and the advice of a trusted adult can help guide them. 

It’s important to remember that when an adult is acting on behalf of the child, this is not the same as making the decision for them. Wherever possible, children should be given the tools to make the best decision for themselves. You can read more about this in the section Communicating with children and their responsible adult. 

This is dependent on the child’s age and circumstances. For young children and infants, would be more appropriate for a responsible adult to sign on their behalf, whilst older children might be able to co-sign or sign themselves. There is no clear-cut age range for this and charities might adopt different age ranges depending on what is in the best interests of the children they work with. Whilst some organisations might ask children to co-sign at 14 and sign themselves at 16, others might apply higher age-limits.  

Where possible fundraisers should try and tailor the process to the child and could use the Gillick competency and Fraser guidelines to determine their suitability to make the decision.  

The Code requires fundraisers to obtain permission from a parent or guardian to take and publish photographs of children under 13. If the child is over 13 years old, they can give this permission themselves, although a charity might decide to set a higher limit of 16 or 18.  

NSPCC’s guidance Photography and sharing images provides an overview of the steps you should take to ask for consent, store and share images. 

Any photo of a child would need to be processed in accordance with ICO regulations, you can read more about this in the above section section: What do the rules say about children and consent? -  Processing children’s data. 

Consent should not be treated as single decision, instead, confirming consent should be continuous throughout the whole process from learning about a child’s story, sharing it on fundraising materials and staying in touch after the campaign.  

How you capture consent can be critical in helping the child and their support network understand what they are agreeing to. Whilst having clear policies and procedures in place helps provide a consistent experience, charities should get to know the child and their support network in order to understand when written or verbal consent would work best for them.  

A charity must ask for written consent at certain stages in the process, such as agreeing to share the child’s story, however, verbal consent should also be used to support this. Below are different ways a fundraiser can use verbal and written consent: 

This provides a formal record of what has been agreed upon and can be useful in the following circumstances:  

• To mark out steps in the process e.g. consenting to give an interview 
• To agree follow up actions and next steps 
• To establish what information can be shared in a fundraising campaign (you can read more about this below)  

Remember: Written consent will be considered data and depending on what it includes might be considered special category data. You can read more about how this in the section: What do the rules say about children and consent? -  Processing children’s data.   

Tthis is more informal but plays a crucial role in the process:  

• To confirm they are happy with providing written consent  
• To establish if a child is comfortable during a conversation or interview, this can also be done through non-verbal gestures depending on the child’s preferences.  
• To ask if they would like to move to the next stage in the process 
• To confirm if there is anything that needs to be adjusted to support them  

Asking for consent is not an isolated question, but part of series of interactions that a charity will have with a child. Fundraisers should therefore consider their overall approach to communicating with a child and their support network throughout the process to make sure they are prioritising their safety and wellbeing.     

Although a charity would not intentionally pressure a child or their family to give consent, there are number of external factors that can influence or rush their decision. To limit this, when asking for consent, fundraisers should ask themselves:  

• Are they being asked in a location where they are comfortable?  
• Are they clear that saying no will not affect any support they receive from the charity? 
• If asking for written consent, is the form accessible, written in language they understand and clear to understand e.g. appropriate font size? 
• Do they fully understand the process and what follow up action will be taken?  
• Have they been given enough time to consider the impact sharing their story might have on them? 
• Has the child been given options on what and how information about them is shared? 
• When and how will consent be renewed? 
• Have they been given enough time to make a decision?  

Before including a child’s story in any fundraising materials, a charity must obtain written consent establishing what information can be shared. Depending on the circumstances, this should be signed by a responsible adult, the child or both. You can read more about this in the section: Key considerations when seeking consent from children. 

When discussing what information can be shared publicly, fundraisers need to be clear on the short- and long-term impact this could have on the child. This includes explaining that once a story is in the public eye, a charity does not have control over how it will be received or if the information in it could be used inappropriately. There should be a plan on how to support a child in the event of this happening, you can read more about this in the section After the campaign or activity.  

As well as which parts of the story will be shared, there are a number of other factors that should be agreed: 

• What information can be shared 
• What information should not be shared 
• How it will be shared in e.g. video, photos or written 
• Which photos or video will be shared   
• Where it will be shared e.g. newspaper, social media or billboard 
• The duration of the campaign 
• How long this consent is valid for and how it will be renewed 
• The date the consent was agreed on 

CharityComms has a consent form template which is a good starting point for charities looking to develop their own. 

• Does the fundraiser have a consent form signed by a responsible adult? 
• Have the family had a written and verbal explanation of what the consent form is and how it will be used?  
• Is the consent form written in their preferred language and is accessible? 
• What steps have been taken to ensure the child and their support system understand the impact of the campaign and potential public reaction? 
• What steps have been taken to make sure the child and their support system are aware the consent form is not a contract, nor is this part of an exchange for the charity’s services?  
• Has there been an agreement on how long this consent will be valid?  
• How will the charity monitor if consent has lapsed? 
• If necessary, how will the charity ask for renewed consent? 

There are additional safeguarding questions that apply to all stages which can read about in the section: Safeguarding checklist for all stages. 

There are many ways a fundraiser could find out more about a child’s story. They might work directly with a family, caseworker, or team dedicated to gathering content. Equally, some charity might conduct interviews whilst others find informal chats work better for the child. 

Preparation is critical to making sure children those affected by their story being shared are safe throughout the process and have the correct information they need to make an informed decision. Prior to engaging with child and their support system, charities should ask themselves:  

• What relationship do we have with them?  
• Who else is impacted by them sharing their story? 
• Who would be the best point of contact to support them through the process? 
• Is it possible for the child to review the material that will be shared about them prior to publication?  
• Does the chosen point of contact have the appropriate training to support the family? This might include training on working with people with protected characteristics e.g. anti-racism training or disability equality training.  
• How will communications with the child be managed before, during and after the story is shared? 
• Who will replace the point of contact should they leave the organisation or change roles?  
• How will the point of contact make sure their language is age-appropriate? 
• Who is the child’s responsible adult and what is their relationship to them? 
• How will the charity establish consent for the interview? 
• Does the process need to be adapted to suit their needs, e.g. translation services or making consent forms accessible?  

In order for a child and their support network to give freely given and informed consent- you can read more about this in the section: Establishing freely given and informed consent- they need to understand the purpose of fundraising, what material their story will be included in and the long- and short- term impact this could have on them. Whilst fundraisers often need to adapt their communication style to suit different people, there are things they should take into account when talking to children. 

There should be a responsible adult present when talking to a child about their story. The fundraiser or point of contact will therefore need to use their best judgement to establish when it is appropriate to speak to the child or the adult. This will depend on the age of child, how comfortable they are engaging with the charity and their relationship with the responsible adult. It’s important to remember that often the adult is also affected by the child’s situation, meaning they also need to be comfortable with the story being shared publicly and how they are portrayed. You can read more about the role of the responsible adult in the section: Key considerations when seeking consent from children. 

Talking about their story can be an emotional experience for a child, their support network, and the point of contact, below are some resources that advise on how to approach this sensitively and look after everyone’s wellbeing:  

• How to interview people on difficult subjects, CharityComms 
• Safeguarding Children in our Comms and Media Work: Handbook for Save the Children’s media and communications staff, Save the Children 
• Let children know you’re listening, NSPCC 

• Has the interviewer prepared questions that are sensitive to the child’s situation? It might be helpful to share them with a colleague to review them.  
• What support is in place for the child during interviews?  
• Does the child and their support system know they can end the interview anytime? How can they convey this to the interviewer?  
• Is the interviewer prepared for complicated questions about the charity’s services? 
• Is the interviewer prepared in the event of a strong emotional reaction from the child and/or the responsible adult supporting them?  
• Are meetings taking place in a location where the child feels safe?  
• What steps are being taken to maintain the child and their support systems’ privacy during any meetings to discuss their story? 
• How many interviews are needed? Can this be limited to avoid re-traumatising the child? 
• How will the interviewer monitor the child and their support systems’ wellbeing throughout the interview?  
• What procedure should the interviewer follow if the child discloses they are currently unsafe? 

There are additional safeguarding questions that apply to all stages which can read about in the section: Safeguarding checklist for all stages. 

The way children are portrayed in fundraising materials has a powerful impact on how the public perceives not only that child, but also similar children and communities. This can put a lot of pressure on the child and their support system, who will have other interests and ambitions outside of the challenges they are facing. For children this can be particularly difficult, as when they grow up their circumstances can change meaning they don’t want to be defined by one period of their life. 

Fundraisers must carefully consider how to share persuasive stories that raise awareness of children’s challenges, without reducing them to only these challenges. This is also a regulatory requirement; UK Code of Broadcast Advertising (BCAP Code) outlines that appeals must not ‘disrespect the dignity of those on whose behalf an appeal is being made’. You can read more about this in the section Rules and Regulations about using children’s stories in fundraising. 

The chosen wording and images or videos should therefore reflect the child and their support network’s situation and avoid presenting them as overly vulnerable or pitiful. In some cases, it might be necessary to undertake training to fully understand the implications of using certain messages about the communities they are representing, such as anti-racism training or disability equality training.  

When selecting messaging and images about children, fundraisers should ask themselves:  

• Does this accurately portray the child’s circumstances? 
• Does this reinforce negative stereotypes? This is particularly important when working with children with protected characteristics.  
• How will a donor react to this story? How will it influence their perception of the child and their community? 
• How might the child feel as adult looking back at this story? 
• Can I share this with the child and their support system prior to publication?  

CharityComms’ guidance Show and tell: a Best Practice Guide to portraying beneficiaries and service users provides further advice on how to approach this. 

With more and more stories being shared online, charities have little control over how a child’s story will be received or how the information in it will be used. This is why communication and giving children and their support network as much information to make an informed decision is crucial. You can read more about this in the section: Communicating with children and their responsible adult.  

There are also steps that fundraisers should take to keep children safe when presenting the information that the child and their support network have agreed to share. These include:  

•  Eliminating all personal identifiers, including:  
• Removing names- unless consent to share their name has been given by the child or responsible adult.  
• Removing street or location names 
• Removing geo-data in images and videos 
• Considering how images can copied and edited and what can be done to limit this, for example, cropping photos 
• Deciding if stock imagery or no images would be appropriate 
• Taking into account where the story will be shared and when consent should be renewed 

• Do you have written consent of what can be shared in fundraising material?  
• Do you have written consent on the kinds of materials they can appear in e.g. direct mail or newspaper articles? 
• Is this consent stored safely and in-line with ICO regulations?  
• How have you ensured there are no personal identifiers? This includes 
• Removing names 
• Removing street or location names 
• Removing geo-data in images and videos  
• How are you minimizing a negative reaction to the child? 

There are additional safeguarding questions that apply to all stages which can read about in the section: Safeguarding checklist for all stages. 

The Code of Fundraising Practice (the Code), is managed by the Fundraising Regulator, sets out rules and requirements to make sure fundraising is legal, honest, open and respectful. It sets the standards for fundraising across England, Wales, and Northern Ireland. In Scotland, fundraising is overseen by the Scottish Fundraising Adjudication Panel in line with the Code.  

We encourage all fundraisers to regularly review the Code to ensure their fundraising activity is compliant with the standards it sets out. There are specific rules on using case studies in fundraising materials within section 3.4 of the Code: 

3.4.1 If you plan to use a real-life example of a person in a case study, you must only process that person’s personal data in line with the law. For more standards on processing data in line with the law, see section 3 Processing personal data (information).  

3.4.2 If you want to use a case study which identifies a person who has died, you must make all reasonable efforts to get permission from that person’s estate. 

Section 6 Fundraising involving children also additional requirements relating to involving children and young people in wider fundraising activities.  

The Advertising Standards Authority (ASA) regulates advertising, which includes fundraising materials, across the England, Wales, Scotland and Northern Ireland.  They oversee the UK Code of Broadcast Advertising (BCAP Code) which applies to all TV, Radio and , as well as the UK Code of Non-broadcast Advertising (CAP Code) which applies to all other advertising methods, including direct mail, online and newspaper advertisements. Each code sets out specific rules relating to charities and advertising relating to children: 

Section 16 outlines standards specific to how charities should portray their service users1:  

16.3 Advertisements seeking donations for, or promoting the needs or objectives of a charitable body must not: 

16.3.1 misrepresent the body, its activities or the benefits of donated funds or exaggerate the scale or nature of the cause it claims to support 

16.3.3 disrespect the dignity of those on whose behalf an appeal is being made 

Section 5 outlines standards relating to advertisements both featuring and addressing children under the age of 16, with the underlying principle that care should be taken when featuring or addressing children in marketing communications. The first section on Harm states: 

5.1 Marketing communications addressed to, targeted directly at or featuring children must contain nothing that is likely to result in their physical, mental or moral harm”. This includes: 

5.1.2 children must not be shown in hazardous situations or behaving dangerously except to promote safety. Children must not be shown unattended in street scenes unless they are old enough to take responsibility for their own safety. 

Pedestrians and cyclists must be seen to observe the Highway Code. 

5.1.3 children must not be shown using or in close proximity to dangerous substances or equipment without direct adult supervision 

Both the BCAP (Section 18) and CAP (Section 17) outline requirements for featuring young people when advertising lotteries:  

18.7/17.16 Advertisements for lotteries which include any reference to scratchcards or online instant-win lottery products must not feature under-25s in a significant role. Other advertisements for lotteries must not feature under-25s in a significant role unless either: 

18.7.1/17.16.1 the under-25s are featured solely to depict the good causes supported by the lottery and there is no explicit encouragement to purchase a lottery product; or 

18.7.2/17.16.2 the lottery primarily benefits under-25s (including in a family setting) and the under-25s featured are representative of the primary beneficiaries of the lottery. 

Under UK Data Regulations, only children aged 13 or over can consent to having their personal data processed. For children aged 12 and under, charities must get permission from whoever holds parental responsibility.  

There are also special protections for children when using their personal data. When processing a child’s data, a charity will need to consider how they record, store and present information safely.  

You can read more about how to do this in the section How should we process children’s data? As well as the ICO’s guidance What should our general approach to processing children’s personal data be? and ICO children’s code- appropriate age application.