Pitch invasions: How the FA Regulatory Commission approaches sanctions and what clubs can do to mitigate risk

Tim Williamson, specialist Sport partner wrote an article for leading industry publication LawinSport that was published earlier this month. Drawing on his experience defending clubs across the country, Tim outlines the evolution of the Football Associations or “FA’s”, E21 rule, which frames the duty of clubs to prevent supporters entering the field of play and highlights the willingness of the FA to instruct third parties to prepare ‘expert reports’ addressing whether there might have been a breach. Meaning clubs are having to deal with a clear and present risk when it comes to pitch incursions. The challenge is not insurmountable however, and if clubs act meaningfully, holistically and decisively now, they will likely reduce their financial and reputational risk at the end of the season.

Steps to protect your club

The attention of the Regulatory Commission is squarely on pitch incursions and the harm that might be caused where supporters express their joy (as well as any frustration and disappointment) by entering the hallowed turf at a football stadium.

The FA is now seemingly willingness (and able) to engage third parties to prepare expert reports for use in these cases.

Even where the interactions between players and supporters is good natured, the FA’s Regulatory Commission has shown willing to impose tough financial sanctions on clubs throughout the football pyramid, in the hope this will send a message to all clubs to take their responsibilities seriously.

Best practice checklist

In our experience, ground safety officers work hard to manage and reduce risk associated with pitch incursions. Indeed, all is certainly not lost even when there are “people on the pitch”. In the author’s experience, a club can reduce risk by taking the following steps:

Detail in your planning:

• Make sure you have prepared a match specific risk assessment.
• Make sure the risk assessment addresses the specific risk of a pitch incursion and then outlines a reasonable and coherent plan to prevent people entering the pitch
• Update the risk assessment and plan documents following any change in information or circumstances, such as a run through during a ‘dress rehearsal’ at an earlier fixture. The assessment of risk has to be ongoing and updated to reflect learning along the way
• Have you collaborated with the Safety Advisory Group and other agencies such as the police? Make sure there is a clear record of such collaboration.

Briefing process:

• Do you know whether the stewards you have booked and briefed have understood the briefing? Is there a record of this?
• Is there a chain of command in place so you, as a safety officer, can be comfortable that not only are there sufficient stewards in place but they actually understand what they need to do in the event of an incident?

Communication with supporters:

• Have you used the media (social or otherwise) to explain to supporters that they must not go on the pitch? Is this sufficiently clear and unambiguous?
• Is the point made in stadium signage and messaging too?

Cooperation with authorities:

• Are you able to demonstrate that you have identified and punished offending supporters?
• Have you collaborated with the police to ensure they are able to prosecute offenders where they consider it is in the public interest to do so?
• What is the overall disciplinary record of the club (home supporters and away supporters?
• Evidence of steps taken to ensure the club is operated in a responsible way will be important and should be provided to the Regulatory Commission.

Reflective learning:

• The extent to which you have been willing to reflect on learning from incidents and take on board what steps might be taken in the future to ensure people are kept safe.
• A holistic approach to pre-match planning and communications in relation to the risk of pitch incursion specifically, should be adopted, to ensure risk does not spiral out of all control and the end of the season is not marred by a heavy fine and considerable adverse publicity.

And finally:

• Investing time and resources now is likely to pay dividends at the end of the season.
• Similarly, electing personal hearing rather than a paper hearing is likely to pay dividends in the long run, with financial cost likely to be offset by having the ability to address key concerns directly, deal with potentially aggravating factors as they arise and to place the club’ s financial records in their proper context.

This piece was written for and first published by LawInSport.  The original article is available here.