Crowd disorder: How The FA Regulatory Commission approaches sanctions and what clubs can do to mitigate risk

In^[1] the UK, large-scale pitch incursions (“pitch invasions”) can result in both criminal and regulatory investigations^[2]. On the regulatory side, it is primarily The FA’s Regulatory Commission that has the power to investigate and sanction football clubs,^[3] often by imposing hefty fines. However, a pitch invasion is not the only type of crowd disorder that clubs need to be aware of.  It is clear that chanting aggravated by reference to a protected characteristic (such as racist or homophobic chanting) creates significant risk for clubs too.

Clubs need to understand the risks associated with any FA Misconduct charge and think about ways to mitigate the potential dangers and adverse consequences, including reputational damage.

This article examines key learnings from some of the Regulatory Commission’s recent decisions on crowd disorder, and then explains what actions football clubs can take now to improve and promote good stadium safety and reduce risk of sanction:

• Recent examples
  • Aldershot Town FC
  • Cardiff City FC
• Earlier examples
  • Reading FC
  • Mansfield Town FC
  • Everton FC and Port Vale FC
• Current FA regulations on pitch incursions
  • The offences- FA Rule E21
  • Rule E21.4 – discriminatory behaviour
  • Due diligence defence
  • Other types of crowd disorder – discriminatory chanting
• Mitigating risks: conducting a risk assessment
  • Match and risk specific
  • Communicating with other agencies
  • Communicating with supporters
  • Protecting higher risk individuals
  • Papers vs a personal hearing
• How sanctions are assessed
  • Seriousness
  • Culpability
  • Harm
  • Mitigation
• Appeals process
• Steps to protect your club
  • Best practice checklist