Summary: Mr B complains the Council refused to host an exhibition in its museum. Mr B arranged the exhibition and believes the Council’s decision is discriminatory. The Ombudsman has not found fault with the Council.

The complaint

1. Mr B complains the Council refused to host an exhibition in its museum.
2. Mr B arranged the exhibition and believes the Council’s decision is discriminatory. He says the Council treated his exhibition less favourably than exhibition C.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered:
• Mr B’s complaint and the information he provided;
• documents supplied by the Council;
• the Council’s policies and procedures; and
• Mr B and the Council commented on a draft decision

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What I found

6. I have set out below some key points from the policy.
7. The museum’s mission is ‘to help local people explore and share Hackney’s rich and diverse past through unique collections, engaging exhibitions and learning opportunities.’.
8. The aim of the museum is to provide an innovative and lively programme of high-quality temporary exhibitions that will be relevant and accessible to local communities, museum visitors, and linked to education learning themes and adult programming.
9. Exhibitions are intended to cover a broad range of subjects. They will include the following:
1. The heritage and rich cultural diversity of the London Borough of Hackney.
2. The permanent collections held by the Museum and the Archives.
3. Broader subjects of more general interest.
4. Group exhibitions, including local community groups.
5. Link to local and national festivals, such as Kurdish New Year, specifically connected to calendar events such as LGBT month, or historical commemorations e.g Abolition of Transatlantic Slave Trade 2007 or the First World War.
6. Works of one or more high-quality artists if they have a strong connection with Hackney.
10. Exhibitions will either originate from a community group or from ideas agreed by the Museum team in line with this policy.
11. Exhibition subjects will only be selected if they help fulfil the objectives laid out in the Heritage Forward Plan.
12. All interested parties must complete a proposal form outlining their exhibition idea.
13. Proposals must be submitted to the Museum Manager or Museum Officer a minimum of 18 months before the intended exhibition.

Exhibition C

14. The Council holds exhibitions at its museum to mark Black History Month. In 2014, the Council started planning its exhibition for the 2017 Black History Month; exhibition C. The museum worked with a photographer and Hackney residents to develop the exhibition, resources for its schools’ programme, and a media pack.
15. Exhibition C was created to meet the museum’s mission, ‘to help local people explore and share Hackney’s rich and diverse past through unique collections, engaging exhibitions and learning opportunities.’.

Exhibition D

16. Exhibition D is a touring exhibition. The exhibition was developed by a national organisation which designs and develops heritage projects. Mr B is the co-founder of this organisation. The London Borough of Hackney was not involved in developing exhibition D.

What happened

17. This chronology includes key events in this case and does not cover everything that happened.
18. Exhibition C was displayed in the borough’s museum from October 2017 to January 2018. The Council ran events at the museum linked to the exhibition. These events included a talk with the photographer, a memoir writing workshop and opportunities for local residents to share their memories.
19. In November 2017, Mr B asked the Council to host exhibition D in 2018. The Council told Mr B the temporary exhibition programme was finalised up until 2019, but it would see if there were any gaps in the programme. It told Mr B for exhibition D to be considered, he needed to demonstrate its link with Hackney and explain how it would involve the community. The Council suggested as an alternative, Mr B could ask if a library in the borough would host the exhibition.
20. In December 2017, Mr B questioned exhibition C’s link to Hackney. The Council explained it worked with the local community for 6 months selecting images and recording oral histories for exhibition C. The Council told Mr B there were other exhibition spaces in Hackney that may be interested in hosting exhibition D.
21. Mr B responded to the Council and asked it to pencil exhibition D in to be hosted by the museum in 2019/20. He said he could lead community outreach work. The Council told Mr B it would not make any decisions about the exhibition programme beyond 2019, until spring / summer 2018.
22. In September 2018, Mr B asked the Council to host exhibition D in 2020.

Complaint response

23. In November 2018, Mr B complained to the Council that he had not received a response.
24. The Council apologised and explained the delay was because of a miscommunication between staff at the museum. The Council explained it could not host exhibitions, including exhibition D:
• with no clear connection to Hackney;
• which do not use the museums historic collections; or,
• do not support an identified development priority.
25. Mr B asked for a review of his complaint in December 2018.
26. In January 2019, the Council responded to Mr B. The Council reiterated its apology for the previous delay in its response. The Council explained museum exhibitions had to have a link to Hackney and this had not been established for exhibition D. The Council said exhibition C used items from the museum’s own collection and local community stories. The Council gave Mr B the option of exhibition D being hosted in one of the borough’s libraries.
27. Mr B told the Council he could deliver video interviews to link exhibition D with the local community. The Council advised him the museum was undergoing a strategic review and the development of formal project partnerships had been put on hold until further notice. It told Mr B who to contact to discuss the possibility of displaying exhibition D in one of the borough’s libraries.

Analysis

28. Exhibition C and exhibition D are not comparable. Exhibition C was created by the London Borough of Hackney’s museum in partnership with a photographer and the local community. The exhibition incorporated items and oral histories from the museum collection, and personal artefacts from Hackney residents. This is consistent with Hackney museum exhibitions policy 2014-2019.
29. In contrast, the London Borough of Hackney was not involved in the development of exhibition D. Exhibition D is a touring exhibition. No evidence has been provided to demonstrate it meets the requirements of Hackney museum exhibitions policy. Exhibition D does not use items from the museum’s collection, there is no obvious link to Hackney, and there are no pre-existing links with the local community.
30. I have found no evidence the Council discriminated against Mr B’s exhibition. Exhibition C met the Council’s museum exhibitions policy, exhibition D did not. The Council has offered an alternative. The Council suggested Mr B contact the borough’s libraries to see if they could host the exhibition
31. I have found no evidence of fault in the Council’s decision not to host exhibition D. It is not therefore a decision the Ombudsman can question.

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Final decision

32. I have completed my investigation and do not uphold Mr B’s complaint.

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Investigator's decision on behalf of the Ombudsman