Owen Farrell could play in England's Six Nations opener due to ban 'loophole'

Owen Farrell is at the centre of a Calcutta Cup controversy after a disciplinary loophole resulted in the England fly-half’s four-game ban being reduced, currently leaving him available for next month’s Six Nations opener.

Farrell was suspended for four weeks for making a dangerous tackle during Saracens’ Premiership victory over Gloucester, which will be reduced to three weeks upon his participation in World Rugby's Coach Intervention Programme.

As things stand, Farrell will miss Saracens' matches against Lyon, Edinburgh and Bristol this month. However, the suspension does not take into account whether Farrell will be included in Steve Borthwick’s first England squad, which will be named on Monday, sparking confusion over which games will apply.

Had Farrell not been banned, he would almost certainly have been retained within the England squad for their pre-Six Nations training camp and not released back to his club for the final round of Premiership fixtures when Saracens are due to face Bristol.

But RFU sources have confirmed that Borthwick does have the ability to select Farrell then release him for the Bristol game, which would complete his three-match suspension in time for the opening Six Nations match against Scotland on Feb 4.

Potential backlash if Farrell picked

While the availability of Farrell is almost certainly welcome news for Borthwick, given his other options at No 10 of George Ford and Marcus Smith are both currently yet to return to action, it puts him in the complicated position of having to decide between selecting Farrell despite a potential backlash, or leaving him to remain ineligible for the opener.

The RFU’s written reasons for Farrell’s ban include the right to modify which games the suspension applies to to ensure it remains “meaningful”, throwing into question the validity of the Bristol fixture being included.

It states: “Should those games be cancelled or rearranged, or should there be a change of circumstances, then it will be the responsibility of the parties to consider the position and to ensure that the sanction imposed by this Panel remains meaningful. If necessary, the “Player’s free-to-play date will be amended to ensure the sanction remains meaningful. That responsibility was made clear to the Parties during the hearing.”

Borthwick can also avoid this scenario by leaving Farrell out of his initial squad on Monday – as Eddie Jones did in similar circumstances with Kyle Sinckler in January 2021 to ensure the tighthead prop missed one Six Nations match rather than two – and then bring him back into the fold at the start of Test week.

Farrell was cited under World Rugby Law 9.13 for dangerous tackling, with the incident viewed as a red card-worthy offence by the citing commissioner. Farrell accepted foul play but challenged that it met the red card threshold. However, the panel upheld the charge.

Farrell made contact with the head of Gloucester's Jack Clement with fewer than six minutes left of the game at Kingsholm. While the contact was picked up by the television match official, Claire Hodnett, the incident was not officially reviewed with referee Karl Dickson because the TMO could not determine whether the tackle had taken place in the same passage of play.

As a result, Farrell was not punished and went on to land a match-winning drop goal with the final kick of the game, extending Saracens' lead at the top of the Gallagher Premiership table. It was the second time this season a late Farrell strike had sunk Gloucester.

In his evidence, Farrell explained that he believed the tackle had been through the chest area and a fair tackle, and that it would have felt different had he put force through the chin. Once Farrell returned to the team bus and reviewed clips of the incident, he realised contact was made with the chin and contacted Clement to apologise. The panel determined that "the contact with the head or chin was not intentional but instead reckless", adding, "the panel accepts the player believed he had primarily struck his opponents chest. The footage, in our view, demonstrates he was wrong."

The incident was viewed as a mid-range offence starting at six weeks. Farrell's previous suspension from 2020 for a dangerous tackle on Wasps' Charlie Atkinson, for which he was banned for five weeks, was taken into account. A two-week ban for a dangerous tackle on Wasps' Dan Robson in 2016, however, was not, "predominantly due to its age", with the panel concluding because of the gap in time that "the player is not a repeat offender whose status warrants an increase in sanction for this reason".

A reference from Mark McCall, Farrell's apology to Clement and his "exemplary" conduct at the hearing were all taken into account, leading to a reduction of two weeks. Farrell is eligible for World Rugby's Coach Intervention Programme having not previously participated, with the programme introduced in 2021.

Borthwick hit by Curry blow

Farrell’s suspension was not the only headache for England head coach Borthwick on Wednesday. Sale Sharks flanker Tom Curry will miss the first two matches of the Six Nations with a hamstring injury he suffered in last Sunday’s game against Harlequins.

Curry was replaced after 16 minutes against Quins and his absence means that one of Jack Willis, Lewis Ludlam, Ben Earl or Tom Pearson is likely to inherit the No 7 shirt next month.

“With it being a 2c [grade tear] and Tom being very diligent on his rehab, it means he could be back for Wales, certainly Wales (on February 25)," said Alex Sanderson, Sale's director of rugby.

“So that is a real positive for England and all of us, because I want England to do well. Now that [Curry] knows it could have been six-eight (weeks), but more likely four-six, he is more positive about it.”

Meanwhile, Nick Evans, England's new attack coach for the Six Nations, has insisted that Smith and Farrell can play together as a 10-12 combination, providing the instructions given to both players are clear.

“There is no reason why they can’t play together. But you have to be very clear about what you are trying to achieve, how you are doing this, what the detail looks like. Once everyone is clear on that then you can go through with it,” Evans said. “Some of the feedback was that maybe that wasn’t there, so maybe there was a bit of a crossover. It’s just about making sure that you’re very clear on roles and responsibilities.”

Q&A: What does this mean for England and Farrell? 

The ambiguity surrounding his four-week ban - realistically three given he will take part in World Rugby's Coaching Intervention Programme to reduce his ban by a week - poses plenty of questions.

What does the Rugby Football Union's judgement mean by "meaningful" games?

Matches that the player would be available for, which is why the Bristol game becomes contentious if Farrell is named in the England squad on Monday. The likelihood is that Farrell would never have played in that game anyway for Saracens, given it falls on the weekend before the Six Nations. Should Farrell be named in Steve Borthwick's squad, then the validity of that fixture would have to be reassessed.

Can Farrell train with England?

Yes. The RFU have confirmed that the suspension does not apply to training, meaning that Farrell can link up with the squad as normal when they convene on Monday, January 23.

Can Farrell be called up by England yet have the Saracens-Bristol game count towards his ban?

Technically, yes. The RFU have confirmed that players can play for their clubs having been for part of the training week. Meaning that, even though incredibly unlikely that Farrell would be released to play for Saracens the week before the Six Nations - and therefore that game can count towards his ban - it can happen.

What if Farrell is not named in the squad on Monday?

Farrell would serve his suspension as planned, with the final banned fixture being against Bristol on January 28.

Could Farrell not be included in the squad now but be called up in the week of the Scotland game?

Again, yes. Although it would mean that Farrell would not be part of the previous week's training and therefore not up to speed, in a pivotal first week for Borthwick and his coaching staff.

What is the precedent with Kyle Sinckler?

Sinckler, the England prop, was handed a two-match suspension on the eve of the 2021 Six Nations for swearing at a referee. He was crucially left out of England's squad by then head coach Eddie Jones. 

The 29-year-old was banned for two weeks and therefore missed Bristol's matches on January 29 against Bath and on February 5 against Sale, with the latter taking place a day before England's opening Six Nations game against Scotland.

Had Sinckler been named in the England squad then the fixtures against Bath and Sale, when Sinckler would have likely remained in camp and not been available for his club, would not have counted towards his ban, meaning Sinckler would have been suspended for both of England's games against Scotland and Italy. 

Instead, by omitting Sinckler from the England squad and the two Bristol matches counting as his ban, Sinckler was called up at the start of the Italy week and played against the Azzurri, a game he would have otherwise missed through suspension had he been originally named in the England squad.