15th July 2024

Recommendation to members that they should vote in favour of WHUST applying for membership of the new Fan Advisory Board. 

Please read the documentation relating to the establishment of the FAB here:

·       Terms of Reference

·       Code of Conduct

·       Confidentiality Policy

Context

In 2022, the Fan-Led Review of Football was held in response to a series of scandals affecting football clubs, particularly the proposed creation of a European Super League.  The main recommendations of the Review were that an independent regulator should be established to regulate the football industry through a licensing system.  One proposed condition of the new license was the creation of a Shadow Board, which would scrutinize club decisions and hold them to account.  The previous Government introduced legislation to introduce the independent regulator, but the Bill did not get through all its parliamentary stages before the General Election.  The new Government is committed to the implementation of the fan-led review, and we await new legislation. 

In anticipation of the Fan-Led Review, the Premier League adopted Fan Engagement Standards (FES) which its members are contractually obliged to uphold.    A key tenet of the FES is the establishment of a Fan Advisory Board (FAB) for each club.  You can read the Premier League Fan Engagement Standard here

West Ham United must establish a FAB as part of its commitments under the FES.      

Our red lines for participation in the FAB

From the outset of discussions regarding the FAB, the Board of WHUST has been very clear regarding its negotiating position with the Club.  We published a document on our view of supporter consultation back in October 2023 and also sent it to our ISC colleagues so they were also aware. 
    Fair and Independent Fan Engagement

To be clear: we do not see the FAB as the end of process, but rather the beginning of the journey towards proper fan consultation.   We are recommending that you as our members vote in favour of joining the FAB for two reasons:

·       We have succeeded in arguing the vast majority of our red lines, and

·       From a pragmatic viewpoint, we feel it is better to have a direct channel of communication with the Club than no channel at all. 

In the section below, we will describe  both the areas where the proposed FAB meets our negotiating position as well as where it falls short. 

Areas where the proposed FAB meets our negotiating position

WHUST requirement

Explanation

On the record meetings with the club should take place on a regular basis having board involvement

“A digital transcript of the meeting will be kept and stored securely for record.  The transcript will be shared no later than seven days following the conclusion of the meeting”.  See “Guiding Principles, Clause iv, p. 5 TOR

Meetings should be recorded and the recordings stored for later scrutiny

“A digital transcript of the meeting will be kept and stored securely for record.  The transcript will be shared no later than seven days following the conclusion of the meeting”.  See “Guiding Principles, Clause iv, p. 5 TOR

An agreed number of meetings should be face-to-face

See “Meetings”, p. 3, TOR

Relevant key senior club personnel should attend all meetings

3 seats on the FAB are reserved for Club representatives (p. 2, ToR)

Agendas to be shared ahead of all meetings with the fanbase

See “Guiding Principles”, Clause ii, p. 5, TOR

The minutes should list attendees as well as detailing actions and timescales and identifying the person or groups responsible for each action

See “Guiding Principles”, Clause vii, p. 5, TOR

Where possible, measurements of success for each action should be listed

See “Guiding Principles”, Clauses ix and x, p. 5, TOR

Minutes to be taken by fans and published

There will be no restriction in the taking of ‘independent minutes’, provided they are published after the official minutes – See “Guiding Principles”, Clause xi, p. 5 TOR

Where it is necessary to share confidential information, that confidentiality must be respected by all parties.  Confidentiality extends to all meeting attendees.

“This document informs Club and Supporter Representatives regarding their responsibilities around confidentiality…”

 

See “Introduction”, Confidentiality Agreement

The reasons why confidentiality is required must be proven

See “Confidential Information”, Clause 3, Confidentiality Agreement

The rationale for decisions and positions taken by supporters and clubs should be shared

See “Guiding Principles”, Clause xiv, p. 5, TOR

Supporter reps to be consulted over strategic priorities of the club

See “Responsibilities”, Clause i, p. 5, TOR

Agreed timescales for responses each way must be clearly communicated

See “Guiding Principles”, Clause xiv, p. 5, TOR

Relevant documentation must be agreed by supporters and the Club.  Documents should be jointly reviewed at least once per season and must be published

See “Review”, p. 6, TOR

There must be frequent fan representative feedback, independent of league assessments, to measure fans’ satisfaction with how engagement is working in practice. 

WHUST Board to report back regularly to our members and solicit feedback regarding the FAB.

A system for supporter feedback/sharing of concerns/thoughts/issues should be in place to fast-track issues that arise between meetings.

“Meetings of sub-groups should take place throughout the season as deemed relevant.  The FAB may choose to request additional meetings with the Club Co-Chair over and above the formal meetings”.

 

See “Meetings”, p. 3, TOR

Fans should independently appoint members to the supporter involvement body and any subcommittees or working groups, not the Club

See “Reserved Supporters Group Representative Seats”, p. 1, TOR

Both fans and the club may appoint different people to different workstreams so the burden of work is shared among the members and expertise can be brought in

See “Appendix 2 – Supporters Group Representative Seats”, Clause 3, p. 9, TOR

The supporter involvement body should seek to represent the diverse nature of the fanbase. 

See “Equity, Diversity and Inclusion Statement”, p. 5, TOR

Fan representatives should commit to key standards of professionalism, confidentiality and a commitment to work together and to achieve consensus where possible. 

See Code of Conduct

There must be an agreed code of conduct for all reps and a mechanism for monitoring compliance and dealing with any breaches of the code

See Code of Conduct

Agreed routes for issue escalation and dispute resolution

See Code of Conduct

 

Areas where the proposed FAB falls short of our negotiating position

In the section below, we will provide an explanation of where the proposed FAB falls short of our negotiating position and why this should not detract us from applying for FAB membership. 

WHUST requirement

Explanation

The Supporters’ Trust to be the primary supporter group, as per the recommendations in the Government White Paper. 

While WHUST will not have an automatic place on the FAB, we are confident that the new Government will re-introduce legislation implementing the Fan-Led Review and therefore the new licensing system will require the Club to include the Trust on the FAB or whatever succeeds it. 

Minutes of all meetings should be shared within seven days of each meeting with the fanbase

We have been able to secure a commitment to publishing minutes no later than 14 days after the meeting took place via Club channels.  We believe this compromise balances the need for transparency with the need to give the Club time to get approval for the minutes and any amendments.  The recording of minutes will help with the approval process. 

The minutes should include a brief description of the nature of confidential information shared and the reasons for its confidentiality

Confidential information will be redacted from the published version of the minutes, but it will be possible for confidential information to be shared with the executive board of the individual fan groups, which used to be a point of contention and prevented fan reps from reporting back effectively. 

Consultation should take place before decisions are made, particularly if it is relevant to fans

As the relationship between the Club and the FAB develops, we will expect meaningful consultation on a range of topics. 

Veto over decisions concerning core heritage items via a golden share

While there will be no right of veto or a ‘golden share’, we are confident that the new Government will re-introduce legislation implementing the Fan-Led Review and therefore the new licensing system will require the Club to include a system of veto over heritage items. 

Intellectual property is the property of the fan group not the Club

The FES states that any IP created during the FAB’s existence is owned by the Club. 

 

Questions:

What is happening to the Independent Supporters’ Committee (ISC)? 

Once the FAB is officially established, the MOU between the Club and the ISC will be void.  However, the existing fan groups on the ISC have agreed that a forum is needed in which fan groups can meet independently of the Club.  The ISC will therefore develop into such a forum so that fan groups can continue to meet irrespective of their membership of the FAB. 

What is the timeline for establishing the FAB?

·       July: The appointment panel will review all applications as they come through.  Specific timings will be confirmed in due course. 

·       August: The FAB membership is announced with a dedicated section on the club website.  Informal meeting to agree the first agenda. 

·       September latest: First FAB meeting.   

Members will have been emailed details of how to cast their vote.