National League clubs having voted to declare the Tier 2 competition null and void, 18 of them want a special competition to decide promotion and relegation from Tier 1. They are a rather mixed bag of clubs but they include Football League aspirants AFC Fylde and one time Football League clubs Boston United and York City.
They also include Havant & Waterlooville who have just reported big losses. 12 of the 18 are from the National League South where commercial and sponsorship incomes tend to be bigger, e.g., Dorking Wanderers are reported to have an annual income of around £500,000 from these sources in normal times.
They advance a number of arguments in favour of a special competition, the strongest being maintaining the integrity of the relationship with the EFL. The chairman of the EFL, Rick Parry, has said that he wants consistency in this respect and a healthy period.
I do think it is stretching a point to talk about the impact on the mental health of supporters and communities. There are many other stresses and strains at this time.
Some clubs are talking about taking legal action, although to me this looks more like a bargaining chip than a serious threat given the costs that would be involved. In general terms, they would either have to demonstrate that the National League had acted ultra vires i.e., exceeded its powers or had not followed due process. Prima facie, I do not think this is the case.
Nevertheless, Dorking Wanderers state that the National League have acted in contravention of the required legal and regulatory frameworks, although they do not say which frameworks and how. However, they have appointed a legal team and intend to present its findings to the FA and DCMS.
Gloucester City have also talked about legal action, so it could be a lucrative few weeks for the lawyers. My personal view is that the clubs should respect the outcome of a properly conducted democratic vote.
Meanwhile, concern has been expressed about the integrity of the Tier 1 competition given that some clubs have furloughed their players and intend to play scratch sides. Dover Athletic have said they won't play until grant funding is made available - which it won't be. They risk being expelled from the competition.
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