Nottingham Forest have been unsuccessful in their appeal against a four-point deduction for breaching the Premier League’s profitability and sustainability rules (PSR).
Forest were docked four points by an independent commission appointed by the Premier League in March after admitting a breach of PSR, having overspent by £34.5million over a three-year period.
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Under the guidelines, Forest could have been handed a six-point penalty, but were given a less severe punishment by the Premier League on account of their “early plea” and “excellent co-operation”.
Forest made their defence in a hearing on April 24 but an independent appeal board has decided to uphold the original penalty.
The Premier League said in a statement that Forest argued “the independent commission committed an error in not treating its sale of a high-profile player shortly after the assessment period as a mitigating factor, and that it committed a further error in electing not to suspend some or all of the points deduction it imposed”. However, they added that “each of these grounds was rejected by the appeal board, which found the independent commission was entitled to immediately impose the sanction it did”.
Forest remain 17th in the table, three points clear of Luton Town and the relegation zone with two matches of the season remaining.
| Position | Team | Played | GD | Points |
|---|---|---|---|---|
17 | 36 | -18 | 29* | |
18 | 36 | -29 | 26 | |
19 | 36 | -35 | 24 | |
20 (R) | 36 | -65 | 16 | |
*Deducted four points |
The club initially described themselves as “extremely dismayed by the tone and content of the Premier League’s submissions” following their deduction, adding they were “also surprised that the Premier League gave no consideration at all to the unique circumstances of the club and its mitigation”.
Forest argued that they were placed at a serious disadvantage to the other Premier League clubs who had significantly higher spending limits due to their longevity in the top flight.
Nuno Espirito Santo’s side are next in action against Chelsea at the City Ground on Saturday, before their final game of the season at Burnley.
Forest, points deductions and VAR
- How do Forest view their four-point deduction?
- Clattenburg and Forest – the end of an error
- Marinakis’ behaviour is shaped by his experiences at Olympiacos
‘Clarity for Forest amid frustration’
Analysis from The Athletic’s Nottingham Forest correspondent Paul Taylor
At least Nottingham Forest now finally have clarity over what they need to do to secure a third season of Premier League football.
There is significant frustration behind the scenes at the City Ground that their appeal against their four-point punishment for breaching profit and sustainability regulations has been unsuccessful.
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There was a feeling among the Forest hierarchy that the punishment had been too severe. We now know that mood was not reflected by the appeals panel that heard their case on Wednesday April 24.
But the club now have clarity over what will be required to avoid being sucked into the bottom three and, ultimately, back into the Championship.
And it remains very much in their own hands. They know their fate will have to be decided on a pitch, not in an office.
| Nottingham Forest | Luton Town | Burnley |
|---|---|---|
May 11: Chelsea (h) | May 11: West Ham (a) | May 11: Tottenham (a) |
May 19: Burnley (a) | May 19: Fulham (h) | May 19: Nottingham Forest (h) |
In their two remaining games, against Chelsea and Burnley, they must secure more points than 18th-place Luton and Vincent Kompany’s Burnley, who are 19th, ahead of already relegated Sheffield United.
Forest have a three point advantage over Luton and boast a superior goal difference of -18, in comparison to Luton’s -29. So, barring some hugely dramatic results on the final day, a win over Chelsea this weekend would be almost enough.
This has been a chaotic season, one overshadowed by both PSR and VAR controversies, by blunt social media statements and the failed experiment that was the appointment of Mark Clattenburg as a referee analyst.
But Forest know what they must do to ensure it has a positive ending.
How did we get here?
Forest have signed more than 40 players since securing promotion in May 2022, with owner Evangelos Marinakis sanctioning a transfer spend of around £250m ($318m) to help the club establish themselves in the top flight.
Forest believed they had worked within the regulations when it came to the allowable losses with a lot of the issue centring around Brennan Johnson’s sale to Tottenham Hotspur.
The club’s argument — which they have made in conversations with the Premier League — was that they could have sold Johnson earlier in the window but doing so at that point would have meant accepting a markedly lower price. His sale did not go through until September 1, well after the financial year ended, for £47.5m.
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New guidelines aimed at fast-tracking PSR decisions have been introduced to ensure any basic breaches of the regulations are dealt with in time for punishments, such as points deductions, to be levied in the same season as the charge is brought.
All clubs had to submit their accounts for 2022-23 by December 31 — rather than in March as they had previously — with any breaches and subsequent charges confirmed 14 days later.
GO DEEPER
What is PSR and why do Premier League rules only allow clubs to lose £105m?
(Tony McArdle/Everton FC via Getty Images)