Sportsmail understands the Millwall fan has been key in club escaping censure

Kick It Out founder Lord Ouseley has twice helped Millwall escape punishment for alleged racist chanting, it can be revealed.

The departing chairman of the anti-racism campaigning group was called as a witness for the club in 2004 and 2009.

On Thursday the Football Association charged Millwall for a third time for a breach of such rules after some of their fans allegedly chanted racist language during last month's FA Cup encounter with Everton. Supporters could be heard using a term considered derogatory to the Asian community.

Kick It Out chief Lord Ouseley has helped Millwall avoid punishment for alleged racist chants

In the wake of the Everton game, Ouseley was vocal in his criticism. He said the authorities should have been better prepared for trouble because of Millwall's history and complained that the FA's disciplinary process in dealing with racism cases was 'tortuous'.

But Sportsmail understands Ouseley, a Millwall fan, has played an important role in the past in the club escaping censure.

After West Ham's Carlton Cole endured monkey chants in 2009, Millwall escaped punishment from the FA after proving they had taken measures to try to prevent racism within their ground.

Ouseley appeared as a witness for the defence, with the testimonial he gave before an independent commission described by insiders on Thursday as being 'crucial' to the outcome of the case.

Against Everton fans could be heard using term considered derogatory to Asian community

It is understood Ouseley also appeared as a witness for the defence when Liverpool's Djimi Traore suffered abuse during a League Cup game at The Den in 2004. Again the FA's attempts to punish the club proved unsuccessful.

The introduction of a new strict liability rule in 2014 means a club can no longer use the defence that efforts were made to tackle racism.

Millwall are therefore more likely to become the first English club to be punished for racist chanting by their fans. Club officials have said they intend to ban for life anyone identified using racist abuse.

Lord Ouseley was unavailable for comment on Thursday.

In a statement the FA said: 'It is alleged the club failed to ensure its spectators conducted themselves in an orderly fashion and refrained from using abusive and/or insulting words, which included a reference to race and/or ethnic origin, during the Emirates FA Cup tie against Everton on 26 January 2019.'

Sportsmail understands Ouseley has played key role in the past in the club escaping censure

West Ham's Carlton Cole receives abuse from Millwall fans during a game back in 2009

On Monday sports minister Mims Davies will hold 'urgent' discussions in Westminster with key stakeholders on how to tackle racism in football.

Kick It Out will be among those who attend, before they host a lavish black tie event in London on Thursday to mark their 25th anniversary.

They are the subject of a Charity Commission investigation, announced in December after a series of revelations made by Sportsmail amid concerns for staff welfare.

A commission spokeswoman said: 'The public rightly expect charities to be safe places where people are free from harm. We have been made aware of concerns about Kick It Out. We have opened a regulatory compliance case to assess these concerns.'