The Stage

ACE faces court over collapse of Talawa project

Published Wednesday 5 October 2005 at 11:00 by Alistair Smith

Britain’s foremost black theatre company, Talawa, has launched legal proceedings to take Arts Council England to the High Court over its decision to withdraw £4 million funding from the company’s project to build a flagship venue in Westminster.

Talawa’s solicitor John Halford, from Bindman and Partners, said that the company had filed a claim for a judicial review into ACE’s decision. It has also contacted the arts council directly, warning that unless it reverses its action and negotiates with the company, Talawa will pursue its complaint through legal channels. However, he added that the company is still hopeful it can come to an agreement with ACE out of court.

Halford continued: “We feel we have a strong case. We believe that ACE hasn’t followed its own procedures and Talawa hasn’t had a fair opportunity to put forward its own case for continued funding. Also, there are certain things the arts council is obliged to take into account with regards to equality of opportunity and it doesn’t seem they have fulfilled those obligations.

“It is not too late for ACE to think again, however, and that is what Talawa has urged it to do through the judicial review process. There is every reason for both organisations to collaborate to ensure that black-led theatre, and Talawa in particular, can realise its full potential to enrich the UK’s cultural heritage.”

Responding to the claims, ACE acknowledged it had received correspondence from Talawa and would respond “in accordance with the appropriate legal framework”, adding that it would be inappropriate to comment further at present.

A spokesperson continued: “However, we remain confident that due process has been followed in our decisions in regard to Talawa and equally confident that we can defend successfully any judicial review claim against us. Our statements on withdrawal from the Westminster capital project and future revenue funding to Talawa still stand.”

As revealed in The Stage last month, Talawa has been considering legal action since black arts campaigners and leading government race relations advisor Peter Herbert urged them to do so at a crisis meeting convened by lobby group Black Theatre Act Now.

Anton Phillips, head of Black Theatre Act Now, commented: “Anything that throws a spanner in the arts council’s works has to be a good thing. It is such a secretive organisation, behaving in a cavalier way and it needs to be challenged legally - it tells half truths and lies.”

If ACE decides not to reverse is decision and to challenge Talawa’s legal claim, the case will be considered by a judge to decide whether the theatre company’s argument is strong enough to be taken to the High Court. If it is approved, Talawa will attempt to have the case fast-tracked, which could produce a result before the end of the year. Talawa will launch a fundraising appeal to support any legal action.