This guidance is intended to set out how allegations regarding party and election finance can be made to us, and outline how we will handle those allegations.
For more information on our regulatory powers and sanctions please visit our enforcement page.
What can we look into?
We are only legally empowered to investigate and impose sanctions in relation to the Political Parties, Elections and Referendums Act 2000 (PPERA). However, we also have statutory monitoring duties in relation to candidates’ expense controls under the Representation of the People Act 1983 (RPA 1983).
From 1 December 2010 we are able to apply civil sanctions to certain breaches of PPERA occurring after that date and that are criminal offences. Please follow the link below to view a table of offences and sanctions effective from 1 December 2010:
- Table of offences and sanctions effective from 1 December 2010 (PDF)
- Click here to view information on the new civil sanctions
PPERA states that proceedings in relation to some criminal offences under PPERA cannot be commenced more than three years after the alleged offence was committed. In view of this, we will not normally consider allegations in relation to those offences or actions occurring outside this period.
Breaches under PPERA prior to 1 December 2010
Some breaches of PPERA prior to 1 December 2010 are subject to civil actions while others are criminal offences.
Civil actions
Late submission of statutory returns is subject to civil penalties. The civil penalty will be a fine. The amount of the fines is specified in PPERA.
In the case of a political party or regulated donees accepting donations or loans from impermissible or unidentifiable sources, the civil action will be forfeiture of a sum equivalent to the donation. The forfeited sum is paid into the Consolidated Fund.
Please follow the link below to view the sanctions available to us for offences occurred prior to 1 December 2010.
Click here to read more about the legislation on permissible donors.
Criminal offences
Many of the offences created by PPERA are criminal offences.
Where a criminal offence under PPERA appears to have been committed, we make an initial assessment of the evidence and then decide whether or not to refer the matter to the police or relevant prosecuting authority.
How to make an allegation
We will only consider allegations made in writing (including by email). We will not normally consider anonymous allegations.
Our address is:
Party and Election Finance
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ
Or you can email the Party and Election Finance Directorate.
We will only consider an allegation if it:
- is supported by some evidence or identifies sources of evidence
- relates to a potential breach of the PPERA or RPA 1983.
We are also able to initiate investigations without an allegation being made, for example, if we become aware of information in the press which suggests a potential breach of PPERA may have occurred.
How do we handle allegations?
Consideration of allegations
We assess allegations carefully, and for that reason we are not always able to respond immediately..
We aim, however, to make a decision within 5 working days of receipt and to write to the subject of the allegation and the complainant within 10 working days of receipt advising either that we have decided not to pursue the matter or that we will be treating it as a case review or conducting a formal investigation. This is called the initial assessment phase.
Occasionally a case is referred for investigation straight away, but in most cases we are able to conclude cases by way of case review.
The consideration of a case can include a number of actions, including but not limited to:
- reviewing documents provided to us
- reviewing documents already held by us to which an allegation might relate
- seeking further information or clarification from the complainant
- making initial inquiries of the subject of the allegation and other individuals or organisations where appropriate
We use specific criteria in deciding whether to review or investigate a case, designed to ensure consistency and effective use of resources. A matter will only be reviewed or investigated where we consider that the use of public funds to do so can be justified in the public interest.
Process for handling allegations
Stage 1 - “Initial assessment”- at this stage, we assess matters raised with us or consider information we have become aware of ourselves, for example through statutory returns or press reports, to establish if there is a potential breach of PPERA or the RPA and, if so, whether this warrants referral for a case review or investigation.
Stage 2 - “Case review”- Where the initial assessment suggests there may be a breach of PPERA or the RPA, we seek to determine whether there has been a breach. We do so by referring to information provided to us or which we become aware of as a result of enquiries. We will not at this stage use our formal powers of investigation and will not conduct interviews.
Stage 3 - “Investigation”- We carry out impartial, fair and objective investigations and will commence an investigation where we need to use our statutory powers to obtain information and/or where we need to interview individuals in order to obtain information necessary to determine where there has been a breach of PPERA or the RPA.
