Jennifer Scott and Sophie Bird, in our Charities & Education team, explain the concept of "Lawfare" and discuss the actions charities can take to mitigate its risks.
“Lawfare”, in the context of charities, refers to the use of legal processes (such as regulatory complaints and litigation) to pressure, delay, or deter a charity’s activities or public positions. In the current climate, “lawfare” is becoming increasingly common, particularly for those charities engaged in contentious or high-profile issues, such as gender identity policy, international conflicts, and climate activism.
This article briefly sets out what charities can do to prevent or mitigate the risk of facing “lawfare”, with the aim of helping them navigate these complex and evolving challenges.
What does “lawfare” look like in practice?
The most common forms of “lawfare” involve regulatory complaints and/or litigation (or the threat of complaints and/or litigation).
An individual or group can submit a complaint about a charity to the Charity Commission, the regulator for charities in England and Wales, on a wide range of issues. This includes allegations that a charity has engaged in political campaigning beyond its charitable purposes, failed to maintain appropriate neutrality, or misused charitable funds.
An individual or group can also submit a complaint to other relevant regulators depending on the issue. For example, concerns about data protection can be raised with the Information Commissioner’s Office, while allegations of unlawful discrimination may be brought to the Equality and Human Rights Commission.
In addition, "lawfare" can take the form of threatened or actual legal proceedings. This may include defamation claims, threats of judicial review (particularly where public bodies or public functions are involved), or employment and discrimination claims framed to challenge a charity’s policies or position.
A recent and widely cited example of “lawfare” against charities is Girlguiding, which reversed its policy on the participation of trans girls following sustained legal pressure. This included the threat of legal proceedings alleging non-compliance with equality law, alongside broader advocacy pressure, in the context of evolving legal interpretations of the Equality Act following the Supreme Court’s decision in For Women Scotland Ltd v The Scottish Ministers (2025). You can read more on our coverage of this case in our recent blog article.
What can charities do to prevent “lawfare”?
Whilst “lawfare” presents a growing challenge, charities are not completely powerless. We recommend that charities take a proactive and preventative approach, rather than a reactive approach, to significantly increase resilience and reduce risk.
We can support charities through a range of preventative measures, including:
- Governance and mission audits – We conduct detailed reviews to help identify gaps and areas for improvements to ensure the charity operates in accordance with its governing documents, charitable objects and applicable charity law.
- Data protection audits – We assess compliance with data protection legislation, identify areas of risk, and provide practical guidance on remediation and best practice (particularly where sensitive personal data is processed).
- Policy and procedures – We advise on and draft robust internal policies and procedures, helping charities manage and safeguard against risks and maintain clear, defensible records.
- Training – We deliver tailored in-house training across key areas, including:
- Governance and good decision-making in accordance with charity law and Charity Commission guidance;
- Complaints handling, including implementation of internal policies and procedures and identifying when to obtain legal advice;
- Equality, diversity and inclusion, including compliance with the Equality Act 2010; and
- Data protection, including the handling of data subject access requests (particularly in respect of complaints).
- Serious Incident Reporting – We advise on how and when to submit a Serious Incident Report to the Charity Commission, ensuring regulatory expectations are met.
- Independent investigations – We provide advice and support in conducting independent investigations into complaints and grievances, helping meet regulatory expectations.
Conclusion
Charities should be alive to the challenge and possibility of “lawfare”, whilst remembering that they are able to, and ensuring that they do, take preventative action where possible.
We have set out some examples of how we can help charities, but for further information or legal advice on charity “lawfare”, or another matter of charity law, please email law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
