Arts Council England faces legal threat after magazine withdraws poet’s work | books

Arts Council England (ACE) poet laureate is threatening legal action after a magazine it funds withdrew her work from publication based on her “social media presence”, which she believes refers to gender-critical posts.

A letter sent to ACE by lawyers representing poet Abigail Ottley last Tuesday, and seen by The Guardian, says the public body “failed” to “conduct an adequate investigation” into the decision not to publish Ottley’s poem submitted by the Aftershock Review, which lawyers accuse of discrimination.

Aftershock was launched last year by Max Wallis. It received £32,368 from ACE in April 2025, and a further £60,000 on January 28, according to ACE data.

Oatley’s poem was accepted for publication by Aftershock in September. In October, Utley received an email from the magazine informing her that it had decided not to continue publishing her work.

“After an internal review, and in light of concerns raised about your social media presence, we have decided not to move forward with publishing your work in this case,” the email cited in the legal letter said. “As an inclusive, trauma-informed publication, Aftershock Review has a duty of care to ensure that contributors and readers feel safe and respected. This decision reflects our commitment to these principles and is final.”

According to the letter, Utley did not receive a response when she requested clarification regarding the element of her social media activity that led to the withdrawal. She complained to ACE in November, and contacted Freedom in the Arts (FITA), which also filed a complaint that month.

On January 28, ACE responded to Otley’s complaint, saying it had not identified a violation of the grant recipients’ funding terms and conditions in Aftershock’s decision-making process. “Although we are unable to provide specific details of our review, I hope it is helpful to note that the grant holder has confirmed that your poem was not withdrawn because of your gender-critical beliefs,” the email said, according to the legal letter sent by Conrathe Gardner LLP.

FITA said Otley’s social media activity “primarily consists of expressing and reposting gender-critical views.” Her lawyers said that “in the absence of further clarification as to what Ms. Utley’s social media profile led to the withdrawal, there are sufficient facts to prove that the reason for her discrimination was because of her gender critical beliefs.” Oatley’s social media activity includes retweeting prominent voices critical of gender, such as JK Rowling.

The letter asks ACE to disclose all documents relating to the complaint’s dismissal in January, and in order to “avoid litigation” asks it to reopen the complaint, conduct a “legal and thorough investigation”, and review its decision to fund Aftershock, on the basis that ACE grantees must adhere to the Equality Act 2010 non-discrimination.

An ACE spokesperson said it would not comment at this stage “as legal proceedings are ongoing.”

Aftershock Review did not respond to a request for comment.