Sale of art in council collection ruled out
MIDDLESBROUGH Council has insisted the sale of artworks from its £32.5m collection would risk legal challenge and is not a fundraising option.
Calls were made last year for the local authority to consider selling off artefacts from its collection as the council battled to plug a funding blackhole and avoid a section 114 notice, which is similar to bankruptcy.
Some councillors had argued the sale of some art pieces, particularly those in storage, could raise muchneeded capital receipts, rather than selling off buildings as a short-term measure.
The local authority subsequently carried out research and concluded it was not an option.
The director of regeneration, Richard Horniman, said such a move would leave the council open to legal challenge and could affect future grant funding for the town.
The collection includes over 1,000 fine art pieces, 250 ceramics and a natural science collection of approximately 250,000 specimens.
Other assets include the Bottle of Notes, a Brian Clough statue, a William Kelly book collection and various medals and memorabilia at the Captain Cook Birthplace Museum.
In an email to councillors, Mr Horniman said: “It is clear that the ownership of the artworks is legally open to interpretation and therefore a challenge. For example, the LS Lowry painting was donated by the artist to the council for the people of Middlesbrough.
“The council technically owns it, but wouldn’t be able to try and sell it without the threat of significant legal challenge. Recent examples have shown it is very easy to prevent such sales, and cause huge reputational damage in the process.”
He also said the implications of selling artwork “go well beyond” the initial legal issues.
“Any sale would go against the national code for galleries and museums and would likely be opposed by arts and cultural funding bodies, and potentially by other national organisations campaigning against such sales,” he said.
The suggestion to sell artwork came amid the council’s proposal to dispose of buildings and assets including TeesAMP business park, the Viewley Centre in Hemlington, Middlesbrough House and Middlesbrough Municipal Golf Centre to raise £33m.
The local authority also went on to successfully apply for £13.4m in Exceptional Financial Support from the Government, which must be repaid with interest.
Park End and Beckfield councillor and member of the Middlesbrough Independent Councillors Association (MICA) Brian Hubbard said he did not expect the council to sell the Lowry painting or anything bequeathed to the people of Middlesbrough, such as the Clough statue. Pieces purchased by the council using taxpayer’s money should however be considered, he said.
A spokeswoman for the Arts Council said it understood the financial difficulties faced by local authorities but selling off art should not be used to cover shortterm gaps in funding. Such a move would “erode the long-held and hard-won trust that the public have in museums and will cause irreversible damage to the UK’s cultural inheritance”, she said.