Watermans prepares to take legal action against ACE

Published Tuesday 25 March 2008 at 13:35 by Lalayn Baluch

West London venue Watermans has become the second organisation to threaten Arts Council England with legal action over the funding body’s recent controversial spending review.

The news follows last week’s announcement by black performance company Union Dance that it was contemplating demanding a judicial review of ACE’s decision to cut its subsidy. After seeking advice from leading entertainment solicitors Bates, Wells and Braithwaite, Watermans has sent the arts council a “letter before action” - a necessary step before a case can be taken to court - calling for its £416,000 annual grant to be reinstated by March 28.

Officials at Watermans claim the funder’s decision-making process was “flawed and illegal”, and the move to withdraw financial support was based on unsubstantiated and inaccurate evidence. It also claims that material supporting the organisation during the appeal process was ignored.

Watermans spokesman Leigh Stops told The Stage that if the arts council fails to “remedy the flaws in its decision-making”, it will demand a judicial review.

He added: “We will be forced to do much less [because of the funding cut]. In the season just gone, we had four plays, two of which were by new Asian writers. There is quite a likelihood that we won’t be able to afford to take a risk with new plays and new writing anymore.

“We probably put on more new plays by Asian writers than anywhere else. One of the things this means is there will be less opportunities because we’ll have to go for fewer big productions and take fewer risks.”

Stops added that culturally diverse organisations had suffered as a consequence of the recent spending review, although he does not believe that this was ACE’s intention.

Watermans is now looking to develop partnerships with local councils, mental health and disability groups. It will also be applying for transitional subsidy from the arts council.

According to Stops, the funder’s main explanation for withdrawing the grant was because local council Hounslow failed to provide sufficient levels of financial commitment - a claim he strongly refutes.

An ACE spokesman said: “The arts council considered Watermans’ response to our funding proposal carefully. Despite significant investments aimed at stabilising Watermans, our concerns about artistic and audience growth and fundraising remain, and we do not believe that the current building is a viable investment as a fit for purpose arts facility.

“We will, however, be open to future discussion with Hounslow Council about how a good quality artistic programme might be delivered for the borough should the proposed new venue be developed successfully. As previously stated, our funding review was a fair process, fully compliant with our disinvestment policy. The arts council will strongly defend our position in the event of a court case.”

The spokesman emphasised ACE’s commitment to South Asian artists and communities through support for organisations such as the Arcola, Arts Depot, Tricycle, Tamasha, Kali, Akademi and Akram Khan.