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STATEMENT – Thackley AFC Ladies – Enforced retrospective relegation & Appeal

STATEMENT – Thackley AFC Ladies – Enforced retrospective relegation & Appeal

Ben Oliver17 Jul - 08:08
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An update on the Club's appeal against the enforced retrospective relegation of Thackley AFC Ladies

This is to update supporters, volunteers and players of Thackley AFC and Thackley AFC Ladies following our statement on 18 June 2024, in which the Club was informed that the West Riding County Women's Football League ("WRCWFL") had proposed in its AGM pack a divisional restructure which would see Thackley AFC Ladies relegated from the Premier Division to the First Division, despite not having finished in the relegation place for the 2023/2024 season.

This statement is to set out the facts and timeline of events culminating in the decision which was finally confirmed to us yesterday by the County FA and FA on our Appeal.

Thackley AFC Ladies' complaint to the WRCWFL was made before the AGM on the basis that the WRCWFL had breached its own rules, namely Rule 22(B), which stated that only 1 team would relegated from the Premier Division of the WRCWFL, being the team in 10th position. Thackley AFC Ladies finished in 9th position, and did not break any rules which would mean a relegation for the 2024/2025 season.

The WRCWFL subsequently informed the Club that they intended to rely on Rule 2(L) to justify the mandatory relegation, being a restructure voted on by members of the AGM (i.e. Thackley AFC Ladies' competitor clubs) and that the Club would have the opportunity to make representations at that meeting to try and object to the restructure. The Club made clear that its literal reading of the League Rules was that the proposal was unconstitutional, on the basis that the League had not shown that the restructure was "necessary" (required under Rule 2(L)) and therefore could not be put to a vote. The Club's concern was that the League and / or FA would after the AGM rely on the vote as retrospective justification for the relegation on the basis that "the member clubs agreed it".

A formal Appeal of the decision of the WRCWFL was filed with the County FA on 21 June 2024 with its formal Grounds of Appeal and Written Submissions included ("Appeal"). A request was made by the Club for the matter to be determined urgently before the AGM on 26 June 2024 to clarify the matter to all parties. That request was denied.

At the AGM, in which the Club attended with two representatives, an objection was raised to the restructure and the formal grounds regarding the League not showing the restructure was "necessary" had been made out. For the first time, Thackley AFC Ladies were informed that the restructure was from the WRCWFL having a desire for each division to have 10 teams, and that as a result of this Thackley AFC Ladies needed to be relegated to the First Division. The Club representatives made clear that if this was the intention, then the restructure should be proposed for the 2025/2026 season with adequate relegation places in each division to achieve the League's desired restructure, which would provide each team in each division the opportunity to achieve promotion or retain its divisional status.

Disappointingly, the AGM passed the proposed restructure. Although exact numbers have not yet been released by the WRCWFL, it is understood the vote was approximately 75% for and 25% against. The Club was concerned that as the restructure did not impact the majority of Member Clubs that it would be difficult to successfully oppose the restructure, and that proved to be the case.

On 5 July 2024, the WRCWFL provided its response to the Appeal following directions from the County FA. The Club requested an expedited personal hearing of the Appeal given its importance to the Club, including its players, volunteers and sponsors.

The Appeal hearing took place on 13 July 2024 before a 3 person panel. The Club attended the Appeal hearing and made oral representations in further support of its Grounds of Appeal. The Appeal was opposed by the WRCWFL. The Club made clear that the restructure was from a "desire" of the WRCWFL to have 10 teams in each division, but the WRCWFL had not made grounds that the restructure was "necessary" as Rule 2(L) of the WRCWFL states it must. Put simply, Thackley AFC Ladies asked that its divisional status be determined by its performances on the pitch and final league standings as per the Rules of the competition agreed at the outset of the season, not retrospectively following a decision of the WRCWFL committee.

On the afternoon of 13 July 2024, the Club received a 1 page written decision letter stating that the Appeal had been dismissed. There were no reasons confirmed in the letter as to why the Appeal was dismissed, and written reasons were immediately requested. We have been informed that these will be provided "by no later than 5 August 2024". We assume that the Appeal was dismissed on the basis that the restructure was passed by a vote at the AGM, but cannot confirm this.

The Club immediately requested that the matter now be referred to the FA Women's Board, as it is its right under Rule 24(13.2) of the FA Handbook 2023/2024, which states:

"13.2 Any dispute or difference between a League and a Club relating to promotion and relegation issues, lateral movement and/or other eligibility criteria must be referred for determination to the Board; such determination shall be final and binding subject only to arbitration in accordance with Rule K."

The Club stated that the County FA must refer the matter to the FA Women's Board as is stated above. On 16 July 2024, the County FA confirmed that after consultation with the FA, that the position of the FA was:

  1. The nature of this case is that of a restructure under the constitution of the league, in accordance with competition ruling 2L. As such it does not satisfy regulation 13.2 which instead effects promotion and relegation, lateral movement, etc.
  2. It is therefore subject to the sanctioning authority body and the Appeal Board’s finding.
  3. The Appeal Board decision is final and binding.

The Club replied to repeat its objection - regardless of how the relegation has been achieved, the fact of the matter is that Thackley AFC Ladies have been relegated and the Club maintains it should have had the opportunity to raise this matter with the FA Women's Board. The matter is similar to the appeals which took place when divisional restructures took place following the Covid impacted season, in which the FA did hear appeals from Clubs. That right has been denied, and the Club has now been informed that it can appeal the decision no further, that the retrospective relegation stands and that the Club will compete in the WRCWFL First Division for 2024/2025.

The conclusion is that the County FA and FA have endorsed and ratified the WRCWFL's decision that divisional status can be retrospectively decided by a League management committee, in the event that such decision is ratified by a majority vote at an AGM. That raises the question in theory, if the 19 Premier League Clubs grew tired of Manchester City winning 4 Premier League Titles in a row, and proposed a restructure to relegate them to the Championship, with such proposal being passed by those Clubs at an AGM, would (1) that be fair and (2) would that decision be approved by the FA? We think the answer to both those questions is "no" and we are astounded that the WRCWFL and FA think that this is fair on Thackley AFC and Thackley AFC Ladies.

Thackley AFC Ladies achieved and retained Premier Divisional status since formation in 2017 by way of its performances "on the pitch". The Club has supported its Ladies team since this date, and its players play on the Main Stadium pitch with the facilities which a semi-professional Club provides. The Club has links with Thackley Juniors Girls and is promoting the pathway for the "Women's Game", with a number of young players playing for the Club last season. The Club continued on this path knowing that it would likely not finish in the relegation places last season and remain in the Premier Division. Had it been known that relegation in a position other than those allocated for relegation was possible, the Club may have taken different steps last season. It has been denied that opportunity.

Thackley AFC Ladies have attempted to "do things the right way". In April 2021 Mark Bullingham CEO of the FA set out the FA's values, including to be inclusive and be "for all", to take responsibility for managing the FA's events and to lead by example. Relegating a Women's Team who did not finish in the relegation places flies in the face of those values, is detrimental to the Women's game and specifically has the potential to set back Thackley AFC Ladies a number of years.

In the summer of 2024, Thackley AFC Ladies appointed experienced Manager Steve Winterburn as its new Manager. Winterburn has experience of managing at a higher level in the Women's pyramid. He was recruited on the basis that Thackley AFC Ladies were a Premier Division Club with the opportunity to be promoted from the Regional Feeder Leagues, and his player recruitment also centred on that position. We have seen a fantastic response in pre-season from new players joining the Club, but we appreciate that those players wish to play as "high as possible" and we are sorry that this will now seemingly not be in the Premier Division as we had assumed it would be, having not finished in the relegation places.

The Club remains open to dialogue with the FA over the decision and eagerly awaits its written reasons to consider the position further (including all legal routes). However, since the outset the position which the Club feared is that the League decision would be pushed through at an AGM and retrospectively ratified following that vote has so far shown to be correct.

Thackley AFC, its supporters, volunteers, managers and coaches remains committed to Thackley AFC Ladies and supporting the Women's game. Our sadness is that it seems the progress and divisional status can be set by way of a boardroom vote after all footballs have been kicked and points posted to the league table.

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