Victoria Miro Gallery - Tate's Purchase of The Upper Room

Tate's Purchase of The Upper Room

The Upper Room by Chris Ofili was exhibited at the Victoria Miro gallery in 2002: it consists of thirteen paintings, each of a rhesus macaque monkey, installed in a purpose-built room designed by David Adjaye. Adrian Searle, art critic of The Guardian, wrote that it was a work the Tate had to buy. In July 2005, the Tate announced the purchase of the work as the centrepiece of a new hang at Tate Britain.

The Stuckist art group then drew press attention to the fact that Ofili was a serving Tate trustee, and, under the Freedom of Information Act, obtained Tate trustee minutes, as well as the price paid by the Tate for the work—£705,000 (costing the Tate £600,000 as VAT could be reclaimed). This resulted in a media furore, and other details emerged about the transaction.

The Tate had attempted to reduce the price, but Miro refused: she said she had lowered it from the price she originally wanted of £750,000 to £600,000 (making £705,000, including VAT).

The Sunday Telegraph obtained an email sent by Victoria Miro to Tate director, Sir Nicholas Serota, in November 2002:

There is also extra pressure as Chris is getting married next week and I suspect he may be less willing than previously to wait for an extended period in terms of finance. Evidently, especially as Chris is a trustee, this is a sensitive situation, but if you could give me some indication as to which way to proceed, I will ensure that your decision is handled with discretion. Ideally I would still love the work to go to the Tate.

Serota said Miro would have to find half the cost, and she obtained £300,000 in donations towards the purchase from five anonymous private benefactors, several of whom were also buying their own Ofili work. The revelation of this arrangement caused questions to be raised in the press as to whether the private benefactors knew privileged information, and if they anticipated a profit through the increased value of Ofili's work after the Tate purchase.

Richard Dorment, art critic of The Daily Telegraph, said The Upper Room was "one of the most important works of British art painted in the last 25 years," that the Tate had got "the bargain of the century," and "If you ask me, Miro and Ofili deserve medals for acting not in their own interests but for the public good." The Times said, "Victoria Miro, Mr Ofili’s dealer, appears to have driven a hard bargain with the Tate, which is the job of a clever dealer." Charles Thomson, co-founder of the Stuckists, said, "Sir Nicholas Serota mentions Victoria Miro's generosity in constructing this deal. Victoria Miro’s 'generosity' would seem to be in attracting benefactors who will give money to the Tate—so that the Tate can then give it back to her."

In 2006, the Charity Commission censured the Tate for breaking charity (but not criminal) law over the purchase.