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Undue pressure or moral obligation: religious gifting and undue influence

Undue pressure or moral obligation: religious gifting and undue influence This paper aims to stimulate discussion on how best to protect individuals from undue influence when gifting to religious institutions in England and Wales.Design/methodology/approachThis paper is based on the law relating to undue influence in England and Wales and draws from the literature regarding gifting to religious institutions and accountability of such institutions.FindingsThis paper identifies that more needs to be done to protect individuals, so as to ensure they are gifting to religious institutions using their own free will. It highlights that although the law attempts to define undue influence, there is little guidance on where the line between persuasion and coercion lies. The paper recognises that religious institutions need to do more to adopt safeguarding policies and that the Charity Commission ought to better support such policies by creating a single point of reference.Practical implicationsSteps need to be taken to prepare a cohesive set of principles that religious institutions of all denominations can follow to ensure they protect themselves from being accused of undue influence, as well as safeguarding individuals from abuse.Originality/valueThere are limited studies that consider the dichotomy between religious gifting and undue influence. This paper adds to the existing discussion and considers ways in which individuals can be protected. The author is not aware of such considerations being directly contemplated as resolutions to this issue. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of Adult Protection Emerald Publishing

Undue pressure or moral obligation: religious gifting and undue influence

Kennedy, Vinny
The Journal of Adult Protection , Volume 23 (3): 11 – Jun 23, 2021
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Publisher
Emerald Publishing
Copyright
© Emerald Publishing Limited
ISSN
1466-8203
eISSN
1466-8203
DOI
10.1108/jap-04-2020-0012
Publisher site
See Article on Publisher Site

Abstract

This paper aims to stimulate discussion on how best to protect individuals from undue influence when gifting to religious institutions in England and Wales.Design/methodology/approachThis paper is based on the law relating to undue influence in England and Wales and draws from the literature regarding gifting to religious institutions and accountability of such institutions.FindingsThis paper identifies that more needs to be done to protect individuals, so as to ensure they are gifting to religious institutions using their own free will. It highlights that although the law attempts to define undue influence, there is little guidance on where the line between persuasion and coercion lies. The paper recognises that religious institutions need to do more to adopt safeguarding policies and that the Charity Commission ought to better support such policies by creating a single point of reference.Practical implicationsSteps need to be taken to prepare a cohesive set of principles that religious institutions of all denominations can follow to ensure they protect themselves from being accused of undue influence, as well as safeguarding individuals from abuse.Originality/valueThere are limited studies that consider the dichotomy between religious gifting and undue influence. This paper adds to the existing discussion and considers ways in which individuals can be protected. The author is not aware of such considerations being directly contemplated as resolutions to this issue.

Journal

The Journal of Adult Protection – Emerald Publishing

Published: Jun 23, 2021

Keywords: Safeguarding; Coercion; Adults at risk; Gifting; Religious institutions; Undue influence

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