Arts Council England Faces Legal Challenge Over Poet’s Work Withdrawal
Arts Council England (ACE) is facing legal action from poet Abigail Ottley, who alleges discrimination after a literary magazine it funds, The Aftershock Review, withdrew her poem due to concerns about her “social media presence.” Ottley believes this refers to her publicly stated gender-critical views.
Legal Claims and Allegations
Solicitors representing Ottley have sent a letter to ACE arguing that the public body failed to adequately investigate the decision made by The Aftershock Review. The legal team accuses the magazine of discrimination and contends that ACE breached its own terms and conditions by funding an organization allegedly engaging in discriminatory practices. The claim centers on the assertion that The Aftershock Review’s actions violate the Equality Act 2010, which protects against discrimination based on beliefs, including religious or philosophical ones.
Background of the Case
Ottley’s poem was initially accepted for publication in September 2025. In October 2025, she received an email from The Aftershock Review informing her of the decision to withdraw her work. The email cited concerns about her “social media presence” and stated the magazine’s commitment to being a “trauma-informed and inclusive publication” that ensures the safety and respect of contributors and readers. Ottley’s attempts to receive clarification regarding the specific concerns about her social media activity were reportedly unsuccessful.
Funding and ACE’s Response
The Aftershock Review, launched by Max Wallis, received £32,368 from ACE in April 2025, and an additional £60,000 on January 28, 2026. ACE responded to Ottley’s initial complaint on January 28, 2026, stating it did not identify a breach of its funding terms in The Aftershock Review’s decision-making process. According to the legal letter, ACE stated that the grant-holder had confirmed the poem was not withdrawn due to Ottley’s gender-critical beliefs.
Ottley’s Social Media Activity
The Freedom in the Arts (FITA) organization, which is also supporting Ottley’s complaint, states her social media activity “consists primarily of expressing and re-posting gender-critical views,” including retweeting prominent figures like J.K. Rowling. Ottley’s solicitors argue that, without further clarification, the withdrawal of her poem suggests discrimination based on her beliefs.
Next Steps and ACE’s Position
The legal letter requests ACE to disclose all documents related to the complaint’s dismissal and to reopen the investigation, conduct a “lawful and fulsome investigation,” and review its decision to fund The Aftershock Review. ACE has declined to comment further, citing ongoing legal proceedings. The Aftershock Review has not yet responded to requests for comment.
Previous Legal Challenges to ACE
This is not the first time ACE has faced legal challenges related to gender-critical beliefs. In 2023, an employment tribunal ruled that Denise Fahmy, a former ACE employee, was harassed over her gender-critical beliefs. An independent review in the same year revealed an “unresolved breakdown” in relations between pro-trans and gender-critical staff within ACE. An ACE employee who resigned during an investigation into comments supporting trans rights was later ruled to have been unfairly dismissed.