National Theatre Wales appeal rejected

Arts Council Wales's board has concluded an appeal bought by National Theatre Wales (NTW) against its decision to defund the company, "unanimously agreeing" to support its original judgment.

This overturns last week's decision by an independent panel to uphold NTW’s appeal, referring the theatre company's appeal for reassessment by the board.

As part of that reassessment, ACW considered matters raised by the independent panel, as well as “other relevant information”. The board “agreed unanimously” that there were “no material factors to warrant review and reassessment of the application” and upheld the original decision not to offer NTW multi-year funding as part of its Investment Review 2023.

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Forming its conclusion, ACW said it had “placed particular weight” on its Investment Review Guidance and that “the assessment process described had been followed in full”. 

“The panel’s report noted that, in its deliberation, it had not been possible to address all elements of what it referred to as a ‘detailed and complex’ appeal and had therefore focused its report on what it described as ‘relatively high-level factors’.”

'Shocked and dismayed'

National Theatre Wales said it was “shocked and dismayed” at the ruling. The company said the decision  ”disrespected the principle of independent review” and “conveyed a worrying lack of transparency and accountability”.

“This sets a concerning precedent for the whole sector in how the decisions of ACW may be challenged in the future.”

Revealing further details on the independent panel’s assessment, NTW said it had found “limited substance to Arts Council Wales’ rebuttal of NTWs’ claims, and a number of points were insufficiently substantiated”. It also questioned  “ACWs’ ability to maintain impartiality and avoid conscious and unconscious bias”.

NTW said: “ We were informed by ACW last night that they have decided to disregard the findings of the panel and refuse to review or reassess our application. NTW entered into a labour-intensive and detail-oriented appeals process in good faith; this process included the preparation of a substantial written submission and a presentation of our case to the appeals panel at a hearing.”

“This situation has been very difficult for our charity and the many theatre makers, cultural organisations and communities we work with. We will now take time to speak with our stakeholders, partners and funders to consider possible routes forward and will make a fuller statement in January.”

English language theatre in Wales

NTW learned in September that it was not one of the 81 creative organisations included in ACW’s new portfolio, losing all its £1.6m annual investment.

Following the decision, NTW warned of closure within six months if funding was not reinstated and wrote an open letter to ACW outlining its intention to appeal the decision and calling for "urgent conversations" before the appeal concluded.

In the letter, NTW challenged the "decision to dismantle Wales’s English-language national theatre before this review takes place".

The company has faced criticism for performing in English, and claims have been made that it favours English artists over Welsh ones. The Welsh language is one of the six principles that organisations had to respond to in their submissions to ACW. The funding body has committed to a review of English language theatre in Wales.

ACW received 15 appeals against the outcome of its investment review, 14 of which were rejected by the reviewer "on grounds of eligibility or failure to demonstrate sufficient grounds for appeal".