Now is the time to reverse the decline and protect UK civic space

Last year, UK civic space reached its nadir. In March 2023, the international monitoring group, CIVICUS, downgraded civic space in the UK from ‘narrowed’ to ‘obstructed’.

Since then, Bond has continued to track and analyse the political and operating environment for civil society in the UK. Our new review, which covers the 18 months preceding the UK General Election, shows how this downward trend has continued.

Civic space refers to the context in which civil society exists. To flourish, the people and groups who make up civil society need enabling laws and government policies which uphold our rights and freedoms, a fair and independent regulator who enables charitable organisations to act as agents of social change, and an open and inclusive political sphere that supports public debate and scrutiny.

Our review shows we are further away from this vision than ever before. The excessively long sentences handed out to five protesters only last week, show how restrictions are continuing to have an impact despite the recent change in government.

The new government has a chance to reverse the decline, turn the page and begin to build a more enabling environment for civil society in Britain.

What has changed in the last 18 months?

We have identified seven trends shaping civic space in the UK, covering protest rights, charity campaigning and public scrutiny and criticism.

Clampdown on protest-related disruption

Over the past few years, we have seen a succession of ever stricter protest laws. The latest measures have focused on assemblies that cause disruption rather than disorder. The former government redefined “serious disruption” as actions that cause “more than minor” disturbance, a much lower threshold that was later overturned by the High Court.

Protesters banned from mentioning motives

Several people on trial for protest related offences have been prevented from mentioning their motives as part of their defence in court. In 2023, three environmental protesters who ignored one such ruling were held in contempt of court and imprisoned.

Tone policing of charity campaigns

Public criticism of charities for being too political is nothing new, but we have seen a new focus on the tone of charity campaigns (which, by law, are allowed to be emotive or controversial). Whilst we saw the Chair of the Charity Commission defend the right of charities to campaign, he also called them out for using “inflammatory language”.

Pressure on migrants’ rights charities

Campaigners who work on migration issues have come under intense pressure for speaking out, including from former government ministers. These attacks have been relentless and they are also unwarranted.

Increased use of Henry VII powers

The use of clauses to amend or repeal provisions in laws that have already been passed has been common for a while. They have been used to amend a key piece of civic space legislation, the Public Order Act. Here, the former government used the powers to bring back a measure that had previously been rejected by parliamentarians as part of the normal democratic process.

Vetting and banning experts

This year we have seen several experts, who have previously been critical of the former government, blocked from participating in government meetings and events after civil servants were instructed to vet their social media accounts.

Expanding definition of extremism

The government expanded the definition of extremism so that it will capture many more groups, who will be prevented from meeting with government officials and parliamentarians or receiving public funds. There will be no appeals process, so if a group is labelled as extremist by the government, they will only be able to challenge this in the courts.

How can the new government reverse the decline?

The election of a new government represents an opportunity for the UK to change course. In their manifesto, Labour promised to work in partnership with civil society, which suggests that they value what we have to offer. To enable civil society organisations to do this and to fulfil their wider mission, the government must take steps to create a more enabling environment and reverse the trends identified in our review.

This will require repealing anti-protest legislation, scrapping the new expanded definition of extremism, introducing a new engagement strategy, revising charity law and guidance so they better facilitate charities to engage in advocacy and campaigning, as well as reviewing the role of the Charity Commission and taking steps to maintain its independence.