WADE Elliott has escaped an FA rap and possible match ban thanks to Saturday’s East Lancashire derby referee Chris Foy.

The Burnley midfielder was under investigation after an alleged kick to Pascal Chimbonda’s head in Sunday’s 3-2 defeat at Blackburn – but no further action will be taken.

Elliott was facing the threat of a three-match ban after the authorities decided to look into his early clash with Chimbonda, but is left breathing a sigh of relief as it was decided he had no case to answer last night.

Having not seen the initial incident, referee Chris Foy was asked to review video footage of the challenge and inform the FA whether he would have punished Elliott at the time.

Merseyside’s Mr Foy could not say he would definitely have brandished a straight red card to Elliott, meaning the FA are unable to take any further action.

An FA spokesperson said: “Mr Foy said that based on the footage he has seen and taking the cirumstances into consideration, he cannot say for sure he would have shown a red card.

“Under the rules we are only permited to take retrospective action if the referee says he would have shown a red card.

“On that basis we will not take any further action against Wade Elliott.”