Ten years ago I was working as a Director at Volunteering England and one of my responsibilities was to provide the secretariat for the Volunteer Rights Inquiry (VRI). It’s hard to believe that so much time has passed since this important and groundbreaking piece of work was done and I can’t help but wonder if much has actually changed in ten years?
I suspect not. Otherwise, why would the the UK government have felt it necessary last year to consult on changes to the Equality Act, putting volunteers on an equal footing with employees when it comes to sexual harassment? NCVO provided a briefing on the changes and engaged with the sector before producing their consultation response.
As was clear from the NCVO documents, volunteer rights remains an emotive issue and one that seemingly won’t go away. We may not have the high profile cases we had ten or so years ago, but I’m sure the problems still exist, whether it’s from poor management, serious abuse and harassment, or a whole range of other experiences in between.
Disappointingly the 3R Promise that resulted from the work of the VRI (see details below) seems to have been largely forgotten. The list of signatories is still there on the NCVO website but the momentum has been lost, as has the Call to Action progress group who were tasked with keeping this issue live.
The 3R Promise was an opportunity for Volunteer Involving Organisations to get their houses in order. The Inquiry was clear that in the majority of cases it wasn’t Volunteer Managers who were to blame for poor treatment of volunteers. It was other paid staff (often in management and senior leadership positions) and trustees (volunteers themselves!) who were at fault. Poor treatment of volunteers isn’t an issue to simply be fixed by better volunteer management practice or increased take up of Investing In Volunteers.
I never tire of saying it – effective volunteer engagement is an issue everyone needs to take responsibility for in a Volunteer Involving Organisation, not just the Volunteer Manager.
There were plenty of voices during the VRI process calling for an independent complaints body or ombudsman to take responsibility for the issue. That path wasn’t taken. Instead VIOs were given a chance to take responsibility and improve their practice against the principles of the 3R promise:
Ten years on, how does your organisation measure up? Do you do all of these things consistently? Was your organisation a signatory to the promise back in the day? If it was then it made a public commitment to do all these things, so feel free to use that leverage to get it back on the agenda with senior management!
Given the UK government’s stated approach to the Equality Act as a means of securing protection for volunteers against sexual discrimination, perhaps the 3R Promise, self-policing approach has had it’s day? But does that mean we go straight to legislation, establishing protection explicitly for volunteers within primary legislation? I’m not so sure.
First of all, legislation doesn’t solve the problem. Legislation means that when problems occur there is a route to resolution that is available to volunteers. We’ve had anti-discrimination for employees in the UK for many years but that hasn’t stopped employers discriminating. Why then, do we believe that legislation will stop the poor treatment of volunteers?
Second, legislation would require parliamentary time to introduce. With everything the UK government has on right now, would this time be found?
Thirdly, I believe legislation could be counter-productive. Legislative requirements will only make volunteer engagement more bureaucratic and employment-like. This is at odds with a more frictionless approach to volunteering during the pandemic and risks driving people away from volunteering.
Legislation would also increase risks and costs for Volunteer Involving Organisations as they have to comply with any new legal requirements – do we really want to be placing more of a burden on these organisations given the Covid-19 driven challenges the face today?
So, what is the way forward?
There is no simple answer. The resource isn’t there for a new statutory body to stand up for volunteers when they are treated badly. The resource is also lacking for a self-regulatory body, as is the will for such an approach – self-regulation of fundraising only came about because government threatened statutory regulation if fundraisers didn’t get their house in order.
The Charity Commission might seem a natural place to turn, except they have seen considerable cuts to their budget in the last few years. Furthermore, a significant number of volunteers don’t ‘work’ in organisations that come under the Commission’s regulatory remit. Finally, in my experience, the Commission’s knowledge of volunteering is pretty woeful.
How about NCVO (and its sister bodies across the UK), the Association of Volunteer Managers, or some other sector infrastructure body? Most sector infrastructure bodies represent organisations not volunteers, which puts them in a potentially difficult position: would they side with individual volunteers against their member organisations, effectively ending up policing and potentially ‘punishing’ their own members for poor practice? And, as noted with the Charity Commission, what about all the Volunteer Involving Organisations who aren’t in the voluntary sector, who polices their practice?
Do we need another Volunteer Rights Inquiry? Updating the report might give it some more contemporary clout but the core of the original Inquiry’s work is probably still valid. The priority must instead be what we do about the issues it raised, not rehashing the same old issues, especially given that the resulting 3R Promise has been largely forgotten.
A few years ago I wrote that what we need is somebody to step up and start a debate about how to proceed. Somebody who can ensure the discussions don’t become a talking shop but a forum for change and action, a platform from which we can try to eradicate poor treatment of volunteers rather than reply on a legislative sticking plaster imposed on us by others for when things go wrong. I don’t see a body with the will and credibility to provide such leadership today. Maybe I’m wrong – I hope so.
Whatever gets done and whoever does it something must happen. Allowing poor treatment of volunteers, however isolated, is something we must never be comfortable with.
What do you think is the way forward? Please share your thoughts on what should happen next and who might take the lead on this issue.