Date updated: Tuesday 9th April 2024

The publication in October 2023 of the long-awaited ‘retain and explain’ guidance from the Department for Digital, Culture, Media and Sport (DCMS) has been welcomed by those operating within the sector facing the difficult question of contested heritage. It draws much from the Church of England’s own guidance, published in 2021.

Frances Godden, Senior Associate in our Charity Team, and champion of our Art, Culture and Heritage sub-sector, takes a look. 

"Contested heritage" refers to historical or cultural artifacts, sites, or practices that are subject to debate, disagreement, or controversy due to differing interpretations, perspectives, or interests. These disputes can arise for various reasons, such as conflicting narratives about the significance of certain events, differing cultural or political viewpoints, or disputes over ownership, representation, or interpretation of heritage.

DCMS’s ‘Guidance for custodians on how to deal with commemorative heritage assets that have become contested pertains to how institutions, such as museums or heritage organisations, should approach the display, interpretation, and management of contested heritage, including addressing the question of whether they should be relocated or removed from public display. 

This guidance, developed with the assistance of a heritage advisory board and through consultation with Historic England, emphasises the importance of acknowledging and addressing the complex and sometimes contentious nature of certain cultural artifacts or sites. A set of case studies developed by Historic England illustrates the variety of ways in which reinterpretation has already been put into practice. 

The guidance itself is set out in four parts:

  • Introduction to the policy and guidelines.

  • Part 1: Glossary of terms used and responsibilities.

  • Part 2: Guidance for custodians dealing with commemorative heritage assets in the face of calls for their relocation.

  • Annex A: A summary of legislation, policy and existing guidance in England associated with commemorative heritage assets which have become contested.

The ‘retain and explain’ approach typically involves the following principles:

  • Retention: This principle suggests that museums and cultural institutions should retain contested heritage rather than removing or hiding it from public view. Retention acknowledges the importance of preserving diverse perspectives and histories, even if they are controversial or uncomfortable for some audiences. Retaining contested heritage allows for continued study, discussion, and engagement with complex historical narratives.

  • Explanation: The "explain" component of this guidance emphasises the importance of providing context, interpretation, and explanation alongside contested heritage items or sites. Institutions should offer transparent and comprehensive information about the origins, significance, and contested aspects of the heritage in question. This may involve presenting multiple viewpoints, acknowledging historical injustices or conflicts, and fostering dialogue and critical thinking among visitors.

The guidance does not extend to:

  • Museums’ and galleries’ collections, including objects on temporary or permanent display, or in storage.

  • Items that do not form part of a building or structure, items that may be in place on a temporary basis, or items that are part of an exhibition. This may include items owned by institutions that are subject to restitution claims. Guidance on restitution is published by Arts Council England.

  • Intangible forms of heritage such as dialects and dance.

  • Heritage assets outside England, as heritage is a devolved matter.

  • The Church of England, which has issued its own guidance for churches and cathedrals.

In 2021, the Church of England published two versions of their guidance on these matters. 

A brief guide to contested heritage in cathedrals and churches provides an introduction to the issues raised by items of contested heritage in our cathedrals and church buildings, and approaches to addressing these issues.

The longer guidance contains a more thorough discussion of these issues and considers the possible options for change in more detail. It should be consulted by any church or cathedral considering taking action to address one or more items of contested heritage in their building. Essentially, the guidance addresses contested heritage within Church of England cathedral and church buildings, with a focus on memorials with links to racism and slavery. Its goal is to institute a methodology that can also be applied to contested heritage in other forms.

Key elements of the framework include:

  • Assessment of the object: Understanding the object's significance, historical interest, and impact on various communities.

  • Assessment of the need for change: Identifying why the object is contested and how its presence affects the church's mission and inclusivity.

  • Consideration of options for change: Evaluating various options, from no action to destruction, considering their impact on the object's significance and the mission of the church.

  • Seeking relevant permissions: Following legal processes for alterations or removals.

  • Recording and communicating decisions: Ensuring transparency and documenting the decision-making process.

The importance of consultation with affected communities and adherence to statutory regulations is brought to the foreground in the guidance and, to support decision making, it provides a checklist and options matrix that recognises each option’s potential strengths, weaknesses, opportunities, and threats. The ultimate aim is to preserve the significance of objects while addressing problematic aspects of heritage and fostering the church's mission to challenge unjust structures and promote peace and reconciliation.

The ‘retain and explain’ approach recognises that contested heritage can be valuable for fostering understanding, reconciliation, and learning within societies. By retaining and explaining contested heritage, institutions can contribute to a more inclusive and nuanced understanding of history, culture, and identity, while also promoting dialogue and reconciliation among diverse communities.

To find out more on this subject, please get in touch with Frances Godden.