Fan-Led Review of Football Governance - Evidence Submission by the Fsa (June 2021) 1
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FAN-LED REVIEW OF FOOTBALL GOVERNANCE - EVIDENCE SUBMISSION BY THE FSA (JUNE 2021) 1 CONTENTS 03. CHAPTER ONE: EXECUTIVE SUMMARY • 06. THE FSA AND FOOTBALL GOVERNANCE • 07. FSA’S 2018 PROPOSALS • 11. AN INDEPENDENT REGULATOR FOR ENGLISH FOOTBALL • 13. CLUB OWNERSHIP AND SUPPORTERS’ RIGHTS • 16. SUPPORTER ENGAGEMENT • 17. PROTECTING AND DEVELOPING THE GAME • 20. THE WOMEN’S GAME • 21. FINANCING FOOTBALL • 23. PROTECTING FOOTBALL ASSETS 29. CHAPTER TWO: A SUMMARY OF CRISIS CLUBS IN RECENT YEARS 47. CHAPTER THREE: IMPROVING THE REGULATION OF PROFESSIONAL FOOTBALL CLUBS 75. CHAPTER FOUR: INDEPENDENT REGULATION IN FOOTBALL 115. CHAPTER FIVE: CLUB OWNERSHIP AND SUPPORTERS’ RIGHTS 135. CHAPTER SIX: SUPPORTER ENGAGEMENT 149. CHAPTER SEVEN: PROTECTING AND DEVELOPING THE GAME 169. CHAPTER EIGHT: FOOTBALL FINANCE 187. CHAPTER NINE: PROTECTING FOOTBALL ASSETS This report was co-authored by Ashley Brown, Dave Pennington and Roger Ellis - the FSA would also like to thank James Young and Jon Sams for their contributions. Additional thanks go to Greg Campbell and Radojka Miljevic from Campbell Tickell and Will Reddie, Dom Pereira and Astrid Ainley of HFW, as well as Robbie Whittaker. All provided valuable help and support with Chapter Four. All photos © Alamy unless marked otherwise FAN-LED REVIEW OF FOOTBALL GOVERNANCE - EVIDENCE SUBMISSION BY THE FSA (JUNE 2021) 2 CHAPTER ONE OVERVIEW OF EVIDENCE TO THE FAN-LED REVIEW EXECUTIVE SUMMARY 1. In this overview, we summarise the main issues facing men’s and women’s football in England, from the point of view of supporters. We set out our rounded analysis of the problems, with some case studies from the point of view of supporters at a number of clubs in Chapter Two. We then put forward a set of proposals for change in the following areas: Chapter Three throughout the pyramid and controlling A new duty of Stewardship for club owners and a expenditure by clubs. club licensing system. Chapter Nine Chapter Four New measures to protect football grounds and The creation of a new Independent Regulator for other capital assets. English Football. Chapter Five Proposals for reforming the ownership of football clubs, creating new rights for supporters. Chapter Six Improvements to the requirements for and conduct of supporter engagement, nationally and at club level. Chapter Seven This chapter gives an overview of each of those Suggested measures to protect some key listed topics. Our main analysis and detailed aspects of the game and to develop and improve recommendations are in the chapters listed. others. Most of the above apply equally to men’s There are strong links between the individual and women’s football but we outline some initial parts that make up our evidence. This overview ideas on reforming women’s game. explains the full package but the detail on each area covered appears in the following chapters Chapter Eight and their appendices. Proposed changes to the sharing of finance FAN-LED REVIEW OF FOOTBALL GOVERNANCE - EVIDENCE SUBMISSION BY THE FSA (JUNE 2021) 3 Introduction - The Future of Football 2. At present, professional football is run by the and protected from abuse. Owners of clubs owners of clubs, primarily for their own benefit. should con duct themselves as responsible Many owners are highly responsible but too stewards, as temporary custodians of vital, many gamble with their club’s future, seeking a permanent community assets, in full compliance share of riches which are unfairly hogged by with a new licensing system. those at the top. Some buy and run clubs directly for their own financial gain, selling assets 7. There must be a much stronger emphasis on or extracting excessive funds whilst others seek inclusion, diversity and environmental to gain reputation, brand value, or ‘sports- sustainability. Football, as a whole, must be washing’, motives wholly unrelated to the game regulated independently, not by the owners and of football. directors of clubs, in the long-term interests of the communities the game serves. Football 3. Players are used as commodities, sources of requires a new culture of transparency and new wealth for their agents, and they are open to rights for supporters to be fully involved in the abuse and discrimination. Fans are often treated running of the game nationally and at their as mere customers and an atmosphere- clubs. generating backdrop - rather than the essential lifeblood of the game, in the communities which 8. A century on from the disgraceful banning of clubs represent. women’s football and just 50 years on from its reopening, we want to see significant growth 4. Self-regulation and an obsession with secrecy and development of the women’s game in a have proved ineffective to prevent disastrous sustainable manner. problems at many historic clubs and the threat of dismantling the English football pyramid and 9. The football pyramid should be highly the heritage of its cup competitions. competitive; clubs should rise and fall and be entered into European and global competitions 5. Increased revenue in the game, particularly at entirely on the basis of current on-field results. the highest level, has mainly been spent on Finance should be shared more equitably rising player transfer fees, high wages for players amongst all clubs and the use of that finance at the top, and massive fees for agents. There is should be effectively scrutinised. We need nothing wrong with high wages for players, per better football not more football. The game se. What is wrong is paying vast sums of money should address excessive agents’ fees and seek which a club cannot afford, thereby endangering to prevent unreasonable sums being extracted its future existence. from clubs by their owners. 6. In future, football should be run for all its 10. In this evidence we seek to put forward a stakeholders in a balanced and responsible way, rounded, complete set of proposals covering all with new concern for the interests and concerns the major issues affecting the future of our of fans and the communities where they are national sport. based. Players should be treated with respect FAN-LED REVIEW OF FOOTBALL GOVERNANCE - EVIDENCE SUBMISSION BY THE FSA (JUNE 2021) 4 The Football Supporters’ Association (FSA) 11. The FSA was formed in 2018 when two organisations - the Football Supporters’ Federation and Supporters Direct - came together to create a unified voice for football supporters in England and Wales. The FSA is the leading advocate for supporter ownership, better fan engagement, cheaper ticket prices, the choice to stand at the match, protecting fan rights, good governance, diversity, and all types of supporter empowerment. 12. The FSA is a democratic organisation run by its members. We include 218 Affiliate organisations, who are either legally constituted Supporters Trusts or other bodies with a formal constitution and democratic rules, and 164 Associates, who are other groups of football supporters. We estimate that these member organisations themselves have a total of 600,000 members. In addition, FSA itself has approximately 53,330 individual members. 13. The FSA holds an annual AGM and Conference and has an elected National Council and Board. We employ 16 staff who work alongside volunteers from the membership on a wide range of initiatives. We operate through a series of seven networks, bringing supporters together based on the various ‘tiers’ of the game and reflecting particular topics. Those networks are: Premier League Women’s Game Championship Fans for Diversity League One and League Two Community-owned clubs National Game (non-league) FAN-LED REVIEW OF FOOTBALL GOVERNANCE - EVIDENCE SUBMISSION BY THE FSA (JUNE 2021) 5 THE FSA AND FOOTBALL GOVERNANCE 14. The FSA and its predecessor organisations only slow, incremental, belated change has been have worked for many years, campaigning for agreed. radical change in the way the game is run. Those campaigns have sought to promote supporter 17. As a response to this and following an involvement in the running of the game apparent increase in the number and generally and specifically in the ownership and seriousness of club crises, the FSA’s two management of football clubs. predecessor organisations prepared formal proposals for the reform of regulation in English 15. Over recent years, much of that work has football. Those proposals are Chapter Three of focussed on the inadequate responses of the this evidence. Those were formally-adopted by football authorities (the FA, the English Premier the FSA at its inaugural general meeting and League (EPL), the English Football League (EFL) were then submitted to the FA Board in and others) to a series of crises which have November 2018. Subsequently, in October 2019, arisen at far too many of our historic clubs. the FA Council resolved as follows, with no votes Chapter Two of this evidence summarises some against: examples of such crises. The fan-led review panel will hear directly from a number of clubs’ “Council notes with regret and alarm the demise of supporters, explaining the challenges they have one of our long-established community clubs and faced. former FA Cup winner, Bury FC, and the threat to the continued survival of several other clubs. It believes 16. Attempts over many years by the football that these failures indicate that the current financial and governance regulatory framework in the authorities to ‘self-regulate’ have stumbled professional and semi-professional game needs through one problem after another. After each, strengthening. It further believes that the FA, as the we are told that the issues at the club in governing body of the game, has a leadership and question were entirely individual and that integral role to play in ensuring that such a “lessons have been learned.” A common strengthening occurs, in conjunction with the leagues complaint from the officials tackling those cases in which those clubs play.