A Civil Society Covenant – here we go again?

Reflections from our recent Charity Leadership Forums.

The new Civil Society Covenant in its final form is anticipated any day now. Those who have worked in the third sector for many years may remember the Compact Agreements of the late 1990s, as well as the Big Society in the early 2010s. The Covenant is intended to be a collaborative reset for a new generation, and for the first time will cover the whole of the UK. The minds of charity leaders are turning to making the new Covenant a reality and ensure that the third sector and local and national government can work together effectively.

Real recognition

Both the third sector and the public sector will need to have honest and open conversations, recognising the extent of the difficulties faced by each, but more importantly, recognising and accepting what each can do well, without ego.

Clear forums for creating collaboration, or chains of communication (for example, a dedicated third sector representative in each local council, who can ensure social value) could help with this.

Clear metrics

Local authorities in particular are themselves struggling with decreasing budgets and financial difficulties. Charities and third sector organisations can not only meet statutory targets and KPIs in commissioned contracts, but are innovative and creative in filling additional gaps. The difficulty for organisations is in codifying and putting numerical value to that innovative element, as well as the wider social, community and/or environmental benefits provided, in order to strengthen their negotiating position.

Thematic co-ordination

One area in particular where the third sector excels, but which is hard to measure, is the value obtained from seeking an overarching view and tackling issues on a thematic basis. Charities are experts in collaborating with each other, and are able to easily identify when other local organisations are best placed to support a beneficiary (and vice versa). Statutory bodies are often constrained by administrative requirements and may find it difficult to build infrastructure when working in administrative silos – but the third sector already has the infrastructure foundations in place, ready to build on.

Support for volunteering

The contribution of the third sector is more than merely financial. Volunteer hours form a huge contribution to the working of the third sector, which is rarely, if ever, measured. The costs of living crisis has meant that people feel they have less time to volunteer (when it could be spent in paid work) or are retiring later (retirees historically having made up a large proportion of volunteers in many areas).  There are many who would like to volunteer and are constrained by their own circumstances. The third sector needs to be able to seek voluntary support as and when it most needs it, and in the areas where it needs it. This could look like employer support for volunteering, or a directory to connect organisations and prospective volunteers.

Clarity around campaigning

Conversations around the Covenant on a national level have referred to the value of charities being able to shape policy and to hold government to account. However, charities in particular will be mindful of Charity Commission comments and advice around campaigning, and it is as yet unclear how charities can seek that accountability. Whilst the Covenant itself does not have any legal weight, many organisations would like to make their voice (and that of their beneficiaries) heard at a national level, but given the discrepancy in messaging, are reluctant or nervous to do so.

This article summarises some of the practical discussion points covered in our recent Senior Leadership Forums: "A Civil Society Covenant: here we go again?", which were held in Leeds, Sheffield, Kendal and Newcastle. The next forums are anticipated to take place later in 2025. Watch this space for further details.

If you would like to discuss any aspect of this article further, please contact the charities and social economy team on 0113 244 6100.

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature.  The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.