Belles Appeal Rejected by the FA

It appears that the original decision to demote the Belles was based on the fact that they do not own their own ground and are seen as 3rd in terms of priority behind the Rovers and Dons and therefore cannot guarantee to play home matches at the Keepmoat (according to the Free Press). I would have thought that where there is a conflict, the pitch at the Keepmoat Athletic Stadium could be used? In addition, it seems that the FA had some concerns over the Belles' Commercial and Marketing Strategies - surely something that could be easily addressed.
The issue with Lincoln Ladies is that their owner will move the club to Nottingham next season and brand them as Notts County Ladies - so Lincoln Ladies will effectively cease to exist - and the FA has approved this move and invited the new Notts County Ladies to join WSL1.
Whether the Belles can challenge the FA's decision legally remains to be seen. The link to the Free Pree article:
http://www.doncasterfreepress.co.uk/sport/football/belles-plot-legal-route-as-appeal-fails-1-5811627

There is massive justified sympathy for the Belles, but this sad sequence of events is so typical of so many things which evolve around the FA and its administration of football. As I understand it, the FA is an elected body which is run on a broadly democratic basis.

The league clubs and the wider footballing community appoint the FA to run the game and it is they who set the broad policy and agree the rules for both playing and administering the game. This also means providing the Tribunals and other representative bodies to set policy, judge alleged breaches of Rules and generally resolve disputes which will include the determination of Appeals.

The contentious situations which arise when clubs are adversely impacted by the same rules (which they sign up to) often provoke outrage and complaints from those who are affected. And when their appeals fail they rage against those who sit in judgment. But they seem to forget that the Rules are effectively the rules they have put in place and agreed to abide by, so if they do not like them or do not like the policies which come out of the body as a whole they have the power to react democratically and effect change.

I stand to be corrected, but I expect that in common with the general run of the FA’s activities, the criteria by which the membership of the WSL would be decided was consistent with the FA’s interpretation of its general policy objectives, published and accepted by its members which would directly or indirectly include those competing for membership. So in advance of the process, there could have been discussion and argument and if these disagreements with the criteria were as widespread as now seems evident, perhaps they could have persuaded the Administration to change them. But perhaps, like so many actions by large organisations, no one paid much attention and they went through largely unnoticed.

Having skimmed through the Decision And Reasons Of The Independent Appeals Panel published by the FA, I get the impression that although the best case may not have been made in providing the original evidence (because the club was not legally represented), the Appeal WAS well presented and supported by such legal precedents as could be found. Furthermore it did seem to have been thoroughly examined by the Appeals Panel who did not seem to harbour any serious doubts in their reasoning in reaching their decision.

So we are left feeling that the Belles’ special place in the history in the women’s game should have trumped all else and even exempted them from the commercial realities, but as these were not written into the original script it’s now too late. Perhaps two years ago, someone should have seen this coming and marshalled the support that now seems to exist before the process was set out and begun.

Would the clubs who have been selected and who support the Belles’ case boycott the league? Could they afford to? That would certainly make the FA sit up and take notice.

Excellent analysis Donaldo. I strongly suspect that any legal challenge will fail as long as the FA has acted within its remit and stuck to any published process and assessment criteria. Despite the fact that this decision seems to go against the basic principles of sport, i.e. success or failure should be determined on the field of play. I fear that if the FA has stuck rigidly to the published process and assessment criteria and if it can clearly demonstrate that all clubs have been fairly assessed against those criteria, then the Belles will not be able to successfully challenge the decision via the courts. As you say, the time to challenge the criteria would have been before the process started. However, we don't have full visibility of the facts and according to press reports, various esteemed lawyers believe that the Belles have a strong legal case, so I guess we have to wait and see.

The manager said on the radio this morning, something along the lines of - we (the Belles management?) expected the FA to find a way round the problems and that we would be all right.
This adds to my suspicions that the Belles (management) were aware that only one club was trying to join the WSL, and that because Lincoln finished below them and were in a worse position (regarding the qualifying conditions) it would be them cast aside. So did nothing!
Lincoln set about doing all they could to improve their chances.
If the Belles want to blame someone, they should look at themselves first.

If anyone really is intent on fair play why don't they bring in automatic promotion & relegation. You could still have the same requirements.
The Belles would still be up the creek but at least there would be something to aim for.

I think that is what the Belles were arguing for Say_Lavee - automatic promotion and relegation. From next season, there will be one club relegated from WSL1 and 1 promoted from WSL2 - so the Belles will have a chance to get back into the top flight if they accept the demotion but win WSL2 next season. However for the first season of the new structure, the FA has decided that who is in the top flight will not be determined on the pitch, C'est la vie as they say.

Thanks for the info Crazy.
I have to admit that I have not gone into this subject as much as I should.

From what I have picked up over the years, is that the Belles are finding it harder to cope financially, every successive year.
Even if they do finish top, I doubt they will be able to meet the requirements, so they become stuck in limbo.
To be fair to them I don't know what they can do about ground control or financial backing. I assume that they have done all that they can !?

BTW Crazy, what do you think about my theory that the Belles were happy to rest on their laurels whilst Lincoln were prepared to do whatever was needed.

I don't know enough of the background Say_Lavee to be able to say whether I think that the club was initially complacent - but I think it's clear that they've really worked hard on the appeal.
Re Lincoln - I think Lincoln have a new owner who wants to move them to Nottingham - so in effect, Lincoln Ladies will cease to exist, except of course that the players etc will be the same - and the club will be re-badged and relocated as Notts County. If you think about it, that's a real kick in the teeth for the people of Lincoln who've faithfully supported Lincoln Ladies over the years - but the FA seems to be ok with this.
Commercially and structurally, I think the Belles have taken a different route to the other clubs. They are a Social Enterprise (the UK's first) and don't have shares that can be bought and sold - so they have really gone down the community route, providing education services etc - if the FA is really concerned to develop the game at grassroots level, then I can't think of a better example than the Belles. This is from the Belles website:

"Belles for The Community, Britain’s first social enterprise delivering community, social, health and educational services with female sport as a focal point was launched on 10th November 2009 at Doncaster College in front of a large audience of opinion formers and community leaders from across South Yorkshire.

This launch was based on extensive research amongst a large number of community organisations and agencies within Doncaster and South Yorkshire, and it has certainly raised the profile of the Belles significantly. It has also demonstrated the importance of opening up women’s football to the community and to becoming more than ‘just a football club.

We are a Company Limited by Guarantee and are classed as a Social Enterprise for the community of Doncaster and the wider South Yorkshire regions. Profit cannot be taken out of the organisation, shares cannot be sold."

I think what is needed now is for the community to get behind the Belles - if sufficient local businesses can sponsor them - even for small amounts - and if a few more fans attend matches - it will make all the difference.

It seems like they are in the same position as the Rovers. Not enough financial backing to make an impact, and not enough support to give them a fighting chance.

I remember watching them play in a few cup finals and some other games, where they were expected to win and usually did.
One of the Cup Finals was against Arsenal just as they had become a real force, about 8 years ago. The difference in the professionalism was very marked. For whatever reason that gap has continued to widen.
I know Arsenal get all the best players (maybe not now as much), but at that time Belles were still a good option for players. Arsenal looked stronger and fitter, they knew "how" to put their foot in (and other parts of the body). They did well and made it work commercially, whilst the Belles just seem to have faded on all fronts.

I expect it is because I remember the glory days, that makes me angry to see it disappearing.
We know from the Rovers experience that the slippery slope gets slippier the further you go down it.

Yes, I see what you mean Say_Lavee. I am ashamed to say that I never went to a match in the glory days but I have seen them recently and actually, they have been competitive against other teams in the league, but I think Arsenal are still a class apart when they are on form. The Belles have plenty of good young players coming through - players that are part of the England U18, U19 set up etc. and they still have Sue Smith who is 32 now and just coming back from injury but if fit would probably be in the full England side. If enough money can be secured to keep this team together and if the players will be willing to play in WSL2 for a year or 2 if necessary, then there is no doubt in my mind that the Belles will be a force again - especially as good young players are being developed by the Belles all the time - now that would be the best way to show the FA that there is a better way to go than just following the big names and the big money.