Dorking stepping up fight to ensure scrapped season gets overturned
Hawks’ league rivals call on the services of a ‘top QC’
One of Hawks' league rivals have sought legal advice over the ‘unlawful’ null and voiding of the National League South and North seasons.
Dorking Wanderers have deployed a 'top QC' to investigate the matter and have made representations to both the league and the FA.
Chairman/manager Marc White claims the scrapping of the season was wrong on three parts.
He says that resolution one of the National League's voting system to decide the outcome of the season - where clubs were asked whether they wanted to make a choice on the fate of their own steps - was 'unlawful'.
What's more, in the representation advice White received he insisted a null and void verdict 'could only be done by means of a special resolution itself, as it's an adjustment and change to the rules of the league'.
He added the sixth tier seasons could not be deemed null and void until the decision has been ratified by the FA, so should still be continuing.
Dorking, along with Hawks, were two of 18 clubs to put their names to a letter to National League general manager Mark Ives calling for teams who wanted to continue the season to be able to do so and both South and North divisions to be reinstated.
White - whose club topped the South division when it was null and voided a week ago - said: 'We deployed a top QC and we have made representations to the National League and the FA as to why we believe that a significant amount of the process was unlawful.
‘There’s no real way of dressing it up. I think we need to be fair to the National League and give them time to respond.
‘But as headline points - this is the opinion of our QC - the resolution one was unlawful in as much as the fact they were written resolutions meant that voting couldn’t be as per the constitutional layout, it had to be a vote per team.
‘Taking the assumption that’s correct, obviously we’ve sought the top advice we can, then that flaws the remainder of the resolutions anyway.
'Secondly, in the unlikely event that resolution one was correct, the representation advice that we’ve been given is that the null and voiding of the divisions or the step could only be done by means as a special resolution itself as it’s an adjustment and change to the rules of the league.
‘Therefore, that would need to be laid out as a special resolution with a 75 per cent majority rather than put as an ordinary resolution at 50 per cent.
‘Again, the advice is - I think it was 56 per cent that voted for the season to stop - the clear advice we’ve got is that it’s a rule change as denoted by the fact it requires FA approval. And, as such, that requires a special resolution as per the articles and rules of the National League, so that would be flawed as well upon the advice we’ve been given.
‘Thirdly, as per article 26.5 and rule 19 of the National League, a null and void cannot be declared unless it has been ratified. That’s one of the biggest things that we’re looking it.
‘It’s dangerous for all clubs our position, it’s important to say it’s not just Dorking Wanderers, yes we’ve been vocal and doing our best to protect our business, but this is supported by the majority of the remain clubs.'
Another National League South club, Eastbourne Borough, were one of the 12-9 majority in the South who voted in favour of playing on.
Borough chairman David Blackmore believes the voting resolution 'wasn't constitutional' and therefore the season should not have been deemed null and void.
He said: 'From our perspective, when we very first looked at the vote, the National League voted with 56 and a half per cent to carry on. The National League South actually voted with 57 per cent to carry on so we voted even more in favour.
‘Overall, if you were to vote with their constitution and rules, the vote was 54.6 per cent to carry on.
‘I think the main crux of our argument to carry is that the resolutions that followed resolution one - even though we feel resolution one itself wasn’t correct - were wrong in themselves because they should have been special resolutions needing a 75 per cent vote to pass.
'That’s the position that we’re in, we actually feel the vote wasn’t constitutional and, as such, our season isn’t declared null and void.
‘They can’t declare the season null and void until the FA ratify that decision and the decision hasn’t yet been ratified.'
Though many sixth tier clubs have no doubt furloughed their playing squads, another of Hawks’ rivals, Hemel Hempstead, are still training.
Boss Lee Bircham has said his chairman has told him the season could yet restart following a massive U-turn.
‘To pull the plug on something when there are so many options available is strange,’ he admitted.
‘It’s not been done because of safety, it’s all to do with money and it just leaves an empty void.
‘There are more important things happening in the world than sport, I know that. But it still doesn’t take away from the fact that you have worked hard for these six months for nothing.
‘Did it really need to end? I am struggling with why we had to get to this point.
‘Even though we are midtable and have no real ambitions of going up this season, it still hurts from a sporting aspect because we are facing months until the next preseason.
‘But, as far as I know, it’s not over yet so we are still continuing with training until we have a definitive answer.
‘It’s tough because, as a manager, you still have to motivate your players and you have to keep them going.
‘I think it will become a bit clearer in the next week what’s going on but we have been told and the chairman has told us that it’s not over yet and to keep doing what we are doing.’
We’re doing our best to protect our business, but this is supported by remain clubs Dorking chairman Marc White
We are still continuing with training until we have a definitive answer Hemel Hempstead boss Lee Bircham
Steve Smith is calling on the FA bodies - both nationally and regionally - to align to provide some clarity for the Hampshire Premier League and other step seven divisions across the country.
The HPL secretary has so far been presented with an unclear picture of what steps the committee might be able to take and time limit clubs could face to complete the 2020-21 seasons.
Smith revealed how email contact from the Hampshire FA had stated that they would be contacting 'owners and managers of grounds across the county' in a bid to see if alternative venues were available for Hampshire Premier League clubs to continue playing until the end of June.
However, a directive from the national authority, prior to the announcement of the curtailing of seasons from steps 3-6, told how Non-League Feeder Leagues (step seven) were excluded from extending finish dates beyond May.
HPL secretary Smith spoke of his 'frustration' at the current situation with the league remaining unaware at present over what happens next.
And he is unhappy that they will have to wait until a meeting with the Hampshire FA in the week commencing March 8 to get a definitive answer on how to move forward with the season.
Smith said: 'This is where the confusion arises. We got a letter from the chairman of the Hampshire FA saying they’re talking to all the owners and managers of grounds around the county to see if they will allow football to be continued to be played until the end of June. They’ve sort of put that as it’s going to be the solution.
‘Then the next thing is another directive comes out from London that said clubs at step seven or Regional Feeder League level can’t play in June.
'You’ve got the Hampshire FA saying we’re looking at playing in June and the FA saying you can’t play in June.
‘Clubs and players that have had no football for months on end are keen to know when they can start playing again. My frustration is that I can’t tell them.
‘We’ve got a meeting with the Hampshire FA and they’ll probably issue some directive of what we can and can’t do.
‘It’s just a waiting game and it’s quite frustrating when you can’t give any sort of answer to clubs when they contact you to ask for an update.'
Confusingly, Hampshire
Premier League Division One (step eight) should be permitted to carry on into June
- but if there’s no promotion and relegation with the Senior Division will they want to?
Smith just wants some certainty so the committee can plan ahead.
He admitted it's highly unlikely the 2020/21 campaign will be able to be completed fully, but is hopeful a solution can be found to avoid a curtailment. Any decision taken would have to be passed through the league committee and Hampshire FA in order to do so.
He said: 'We want some clarity but we’re going to have to wait until the week commencing March 8 by the looks of it.
‘It’s very doubtful that we can complete the season fully.
‘What a couple of us were trying to do, we’re going to put it to committee in a meeting on Monday, was to come up with something where we could return and play, to constitute a season and finish by the end of May.'