The Football Association has come under fire for failing to take disciplinary action against Malky Mackay and Iain Moody for sending discriminatory text messages, with the governing body widely condemned by anti-racism campaigners for announcing it would not be bringing charges at the end of an 11-month investigation.

Explaining its decision to clear Mackay, the former Cardiff City manager, and Moody, who worked alongside the Scot as head of recruitment, after the two men were found to have exchanged messages containing homophobic, sexist, racist and antisemitic content during their employment with the Welsh club, the FA said its policy in such cases was “not to bring charges in respect of private communications sent with a legitimate expectation of privacy”.

In a slightly cryptic end to its statement, the FA defended the length of time taken to reach a verdict by saying the investigation had been prolonged due to “serious concerns about the circumstances in which particular evidence provided to the FA had been given and the reliability and completeness of that evidence”. The FA said it felt duty bound to forward details in relation to this aspect of the investigation to the police, although there is not expected to be any further action taken.

It is the latest twist in a bitter and acrimonious dispute between Vincent Tan, Cardiff’s Malaysian owner, and Mackay and Moody. Moody was sacked in October 2013 and Mackay was dismissed two months later. Tan suspected financial wrongdoing on their part, which has never been proved, and in March last year Cardiff’s lawyers obtained a search order from a high court judge to raid Moody’s home, and it was then that the incriminating text messages were discovered.

The FA interviewed Mackay and Moody and said both men accepted the terms used in their messages, which were published in the Daily Mail last August and handed to the governing body two months later, were unacceptable. After also speaking to 27 potential witnesses, to establish whether either man was engaged in conduct at Cardiff that pointed to a wider culture of discriminatory behaviour, the FA said the QC appointed to assess the evidence saw no grounds to charge Mackay or Moody.

However the FA’s statement, which explained the governing body was in the process of carrying out a “complex review” into communications and specifically how discriminatory language that is used in what might be deemed a private place is treated, drew fierce criticism. Lord Ouseley, the Kick it Out chairman, accused the FA of “undermining its own credibility”.

“We could have been responding to this nearly a year ago because it’s what we expected from the FA,” Ouseley said. “We hoped they would have considered information that comes out of private communications regarding individuals involved in football that once it’s in the public arena it must be taken into account whether that person is fit and proper to be doing the job they do.

“The FA has clearly not done so. It has taken a decision which is undermining its own credibility, commitments and zero tolerance to discriminatory and abusive conduct. It really damages the campaign to tackle unacceptable behaviour in football ... as they are saying that people who have these views are fit and proper persons to be doing a job when they come into contact with people from different backgrounds. Some of the emails and texts revealed horrendous statements about people’s personality and anyone who cares about equality and fairness will be disappointed by what the FA have done.”

Simon Johnson, the chief executive of the Jewish Leadership Council, echoed that view: “If the FA is determined to have a zero tolerance attitude to racism, antisemitism, homophobia and discrimination of any kind, then it is not sustainable to create a distinction between private messages and public comments. I call upon the FA to review its disciplinary procedures and to rethink this inconsistent approach.” Cardiff have not commented on the FA’s statement.

The FA’s statement in full

The FA has undertaken a thorough and detailed investigation in connection with inappropriate language contained within text messages and an email sent by Iain Moody, and text messages sent by Malky Mackay when they were employed by Cardiff City FC.

The messages, sent between June 2011 and March 2014, were obtained by Cardiff City FC in March 2014. The FA first became aware of the messages in August 2014. The messages were provided in full to the FA in October 2014.
To date, the FA’s policy in cases such as this has been to not bring charges in respect of private communications sent with a legitimate expectation of privacy.

The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law.

Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, the FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.

However, the FA has spoken to both Iain Moody and Malky Mackay about the inappropriateness of terms used in the messages. Both individuals have acknowledged that such terms are not acceptable. Mr Mackay has also voluntarily undertaken equality and diversity training.

The FA is in the process of carrying out a complex review involving all stakeholders on how communications, and in particular those involving discriminatory language, which may be viewed as taking place in private, should be treated in the future.

The English game remains determined to eliminate discriminatory conduct in all its forms and will look to introduce a policy on private conduct that underpins the collective commitment of stakeholders to make this happen.

Wider review
In addition to investigating the context in which the communications referred to above were sent, the FA has conducted an investigation to establish whether Iain Moody and Malky Mackay engaged in discriminatory behaviour during their time at Cardiff City FC.

The FA has pursued every lead and encouraged anybody who wanted to provide information or evidence to do so. Malky Mackay and Iain Moody have been interviewed at length and 27 potential witnesses, based in the UK and overseas, have been spoken to.

All of the information and evidence gathered during this process has been carefully assessed, with the assistance of a QC. At this stage no disciplinary charges will be brought against either Malky Mackay or Iain Moody in respect of their conduct whilst they were employed by Cardiff City FC.

The FA has reached its decisions based on the information and evidence currently available to it. Should more information or evidence come to light then the FA reserves the right to bring disciplinary action as appropriate.

Other developments in the FA’s investigation
The FA has at all stages sought to conclude this matter as quickly and efficiently as possible. However, the investigation has been lengthened considerably due to serious concerns about the circumstances in which particular evidence provided to The FA had been given and the reliability and completeness of that evidence.

The nature of these concerns, which the FA treats with the utmost seriousness, has necessitated significant further inquiries by the FA and the liaison with external law enforcement agencies.

The FA reserves the right to open further investigations if deemed appropriate. No further comment will be made in this respect.