This guidance is intended to set out how anyone can make an allegation to us regarding party and election finance, and how we will handle allegations.
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 candidate's expense controls under the Representation of the People Act 1983 (RPA). We do not have general powers in relation to the enforcement of any other law.
PPERA states that proceedings in relation to criminal offences under PPERA cannot be commenced more than three years after the alleged offence was committed. This means that we will not normally consider allegations in relation to offences or actions occurring outside this period.
Breaches under PPERA
Some breaches of PPERA 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.
Click here to read more about the legislation on permissible donors.
Click here to know more about civil penalties.
Criminal offences
Many of the offences created by PPERA are criminal offences, but the Commission is not a prosecuting body and is unable to initiate criminal proceedings.
Where a criminal offence under PPERA appears to have been committed our role, broadly, is to make an initial assessment of the evidence and then decide whether or not to refer the matter to the relevant prosecuting body.
Click here to read more about referral to police and prosecuting authorities.
How to make an allegation
We will only consider allegations made in writing (including by email), and where the complainant is identified. We will not normally consider anonymous or verbal allegations.
Our address is:
Party and Election Finance
The Electoral Commission
Trevelyan House
Great Peter Street
London SW1P 2HW
Or you can email the Party and Election Finance Directorate.
We will only consider an allegation if it:
- is supported by some evidence
- relates to a potential breach of relevant legislation
We are also able to seek information from regulated organisations or individuals and initiate investigations without an allegation being made.
Disclosure of information
We will not normally disclose the identity of complainants, although in some cases this information may already be in the public domain.
How do we handle allegations?
Consideration of allegations
We consider allegations carefully, and for that reason we are not always able to respond immediately.
We aim however to acknowledge allegations on receipt, and provide a response to 50% of allegations, advising either that we have decided not to pursue the matter or that we have decided to investigate, within 10 working days of receiving the allegation, and to 90% of allegations within 20 working days.
The consideration of an allegation 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 others (in some cases) including the subject of the allegation
Once we are satisfied that we hold enough information to make a decision, the case will either be closed, or investigated. Where we decide not to investigate, we will advise the complainant of this in writing.
We use specific criteria in deciding whether or not to investigate a matter, designed to ensure consistency and effective use of resources. A matter will only be investigated where we consider that the cost of an investigation to public funds can be justified in the public interest.
Right of review
Should we decide that an investigation is not appropriate, the complainant has a right of review of that decision. The request for review must be made in writing, within ten working days of receipt of the written notification of the decision, to the Director of Party and Election Finance. The Director will not personally consider requests for review where the Director was involved in the original decision. In those circumstances we will nominate another senior officer to conduct the review.
The Director or their nominee may uphold the original decision, overturn the decision, or choose to uphold or overturn parts of the decision, where more than one issue was involved.
Disclosure of information
We will make a public statement when we impose fines, and when forfeitures are made, including voluntary forfeitures.
We will not normally comment on the detail of any allegations pending our consideration other than to confirm receipt and that matters are under review.
If asked, we will normally confirm the identity of the individual or organisation that is the subject of an allegation under consideration, and the broad nature of the allegation.
We will also confirm if asked decisions made to investigate or not to investigate allegations.
Click here to read more about investigation.
