2.1. Summarise legislation and policy drivers of voluntary organisations’ service delivery

This guide will help you answer 2.1. Summarise legislation and policy drivers of voluntary organisations’ service delivery.

Voluntary organisations (also known as third sector organisations) play an essential role in providing health, social care, and community services. Their work is shaped by legislation and policy drivers, ensuring that they meet the needs of individuals, operate ethically, and comply with national frameworks. Understanding the legal and policy framework is essential for workers within these organisations as it directly impacts how services are delivered. In this guide, we cover the most important legislation and policy drivers influencing voluntary organisations.

Key Legislation Influencing Service Delivery

Voluntary organisations must operate within a legal framework to ensure safety, equality, and quality of service. Here are the main pieces of legislation relevant to their work:

The Charities Act 2011

The Charities Act 2011 governs how charities (a significant subset of voluntary organisations) operate. It provides the legal definition of a charity and outlines their obligations regarding governance, transparency, and accountability. Trustees of charities must ensure their organisation stays within its legally defined purpose and complies with regulations. Failure to do so can result in sanctions.

The Act also requires charities to register with the Charity Commission unless exempt. The Charity Commission monitors their activities and ensures they act within the law. This directly impacts service delivery as organisations must demonstrate they are acting in the public interest and delivering services lawfully and transparently.

The Equality Act 2010

The Equality Act 2010 protects individuals from discrimination based on characteristics like age, disability, race, sexual orientation, religion, and gender. Voluntary organisations providing health and social care services must abide by this law to ensure their services are inclusive and accessible.

For example, if an organisation supports older people, it cannot exclude anyone based on their religious beliefs or physical disabilities. Training staff on equality and diversity is essential to ensure service delivery aligns with the Equality Act.

The Health and Safety at Work Act 1974

This Act focuses on the health and safety responsibilities of organisations, including voluntary ones. It requires them to protect workers, volunteers, and service users from potential harm.

Service delivery must involve risk assessments, appropriate safety measures, and training for staff and volunteers. For example, in a community centre run by a voluntary organisation, there needs to be a clear evacuation procedure and regular equipment checks to reduce risk.

The Data Protection Act 2018 and GDPR

This law, aligned with the General Data Protection Regulation (GDPR), relates to the handling of personal information. Voluntary organisations regularly manage sensitive data about service users and must comply with strict data protection guidelines.

They must only collect necessary data and ensure it is kept secure. Breaches can harm individuals and damage organisational reputations. For example, a food bank managed by a voluntary organisation must keep service users’ details confidential and securely stored.

The Safeguarding Vulnerable Groups Act 2006

Many voluntary organisations work with vulnerable adults or children. This legislation ensures that people employed in these sectors are suitable and properly vetted. All employees and volunteers must undergo Disclosure and Barring Service (DBS) checks.

Safeguarding policies and procedures must be in place, and staff must know how to raise concerns if abuse or neglect is suspected. This is critical to preventing harm and delivering safe, effective services.

Policy Drivers Shaping Service Delivery

In addition to legislation, policies from government, local authorities, and funders influence how voluntary organisations operate and deliver services. Policies set priorities and often focus on meeting specific public needs.

The National Health Service (NHS) Long Term Plan

Many voluntary organisations align their services with the NHS Long Term Plan. This policy focuses on integrating health and social care services, tackling health inequalities, and enhancing mental health support.

For example, voluntary organisations may deliver projects to improve mental wellbeing in the community or provide services aimed at supporting NHS patients after discharge from the hospital. The plan acts as a guide to ensure these services complement public health priorities.

Social Value Act 2012

This policy focuses on ensuring that public services deliver wider social, economic, and environmental benefits. When voluntary organisations bid for contracts or partner with local authorities, they are often required to show how their activities support these additional benefits.

For example, an organisation providing employment advice to vulnerable individuals would need to demonstrate how their service contributes to social goals like reducing unemployment or improving local community resilience.

Health and Wellbeing Strategies

Each local authority in England has a Health and Wellbeing Board responsible for creating a health and wellbeing strategy. These strategies highlight local priorities based on population needs.

Voluntary organisations are often commissioned by local councils to address these priorities. If tackling social isolation is identified as a high priority, a voluntary group may create befriending schemes targeted at older people in the community.

Commissioning and Funding Policies

Voluntary organisations often depend on public funds or grants. These funding streams usually come with stipulations, such as delivering specific outcomes or demonstrating measurable success.

For example, a charity receiving funding to run a youth mentoring project might be required to report on how many young people they’ve helped and the changes in their behaviour. These conditions directly shape how services are planned and delivered.

Localism Act 2011

This law intended to give communities greater control over local decision-making. Voluntary organisations often partner with local councils or groups to provide services.

For example, a neighbourhood group may take ownership of managing a local library, previously run by the council, with the help of a voluntary organisation. The Localism Act requires voluntary organisations to respond effectively to the needs and demands of their local communities.

Impact of Legislation and Policy

Legislation and policies are not optional for voluntary organisations – they define how services can and should be delivered. Compliance is critical for maintaining trust, long-term viability, and funding opportunities. Some of the key impacts on voluntary organisations’ service delivery include:

• Increased Accountability
  Laws like the Charities Act 2011 require organisations to be transparent with their finances and activities. They must demonstrate that resources are being used effectively and for public benefit.
• Professional Standards
  Laws such as the Health and Social Care Act 2008 impact how voluntary organisations providing care services must comply with professional standards set by bodies like the Care Quality Commission (CQC). Failure to meet these standards can lead to penalties, including service closure.
• Enhanced Safeguarding
  By adhering to safeguarding laws, voluntary organisations create safer environments for vulnerable individuals. This gives service users and their families confidence in the organisation’s ability to protect them.
• Access to Funding
  Organisations complying with funding policies and delivering measurable outcomes are more likely to gain funding. This allows them to expand their services or develop new initiatives.
• Adaptation to Social Change
  Policies act as a guide for responding to changing social needs. For example, renewed focus on mental health due to the NHS Long Term Plan has encouraged voluntary organisations to create more mental health-focused projects.

Challenges Faced

Adhering to legislation and policy drivers can sometimes be challenging for smaller voluntary organisations with limited resources. These challenges include:

• Resource Constraints
  Smaller organisations often lack the funding to implement robust training or hire specialist staff to manage legal compliance.
• Changing Policies
  Policy drivers can change depending on government priorities. Voluntary organisations may need to adapt to new requirements, which can be time-consuming and costly.
• Monitoring Compliance
  Voluntary organisations must track their compliance with numerous legal and funding requirements, which can add to their administrative burden.

Conclusion

The service delivery of voluntary organisations is heavily influenced by legislation and policy drivers. Compliance is not only necessary for legal reasons but also helps organisations build trust, access funding, and deliver better outcomes for service users. Workers in the sector must understand key laws and policies and ensure their practice aligns with these frameworks. By meeting these expectations, voluntary organisations can continue providing impactful support to the communities they serve.