Publications

A school donated an item to the museum in the 1970s. Recently, a man saw the item on display in the museum. He had been living in Australia for many years. He says he only lent the item to the school before he left on the understanding that if he ever came back to this country the school would return it to him.

Our entry in the accessions register records it as a 'gift'. At that time it was not standard practice at our museum to check that donors had the right to transfer title or to get them to complete appropriate transfer documentation.

The school closed many years ago. We cannot trace anyone who might be able to back up the entire story, but the man does have proof that he did indeed once own the item. I presume we have to deaccession and give the item back.

Many museums have inherited a legacy of problems resulting from a time when there was unsatisfactory, casual management of collections and poor documentation.

You do not have proof that title was legally transferred to you or that the donor had the right to give it in the first place. If the man can prove the item belonged to him before it went to the school he has a good case to have it back.

Return it to him with good grace if that is his wish. If the item is of particular importance and you feel it should remain in the public domain you may wish to explore with him a number of possibilities. Perhaps he might agree to loan the item to the museum on a reviewable basis.

Stress the permanent care you could give it, the rationale for keeping items in the public domain and the benefit that others have derived from it during its stay at the museum. Another possibility is for him to leave it to you on his death.

Be tactful and courteous. If you approach this in the right manner future generations may continue to enjoy the item at the museum. Whatever happens, make sure all decisions, procedures and arrangements are fully documented.

If the item does leave, make sure a public notice explains why it has gone without criticising the owner for exercising his right to reclaim property. Don't forget that the decision to deaccession resides with your governing body.