The Canadian international striker needed emergency surgery after suffering a fractured skull in a Championship game at Oakwell this month.

Although the Football Association will be taking no further action, Barnsley look set to take the case to the High Court in search of damages.

In a statement released yesterday, Barnsley said: "The FA's failure to act has let Iain Hume down badly and the only option now remaining is for recourse outside of the normal football processes.

"Barnsley Football Club is extremely disappointed and concerned that the FA has failed to take any action regarding the violent conduct of Chris Morgan which left Iain Hume requiring emergency hospital treatment for a fractured skull and bleeding to the brain.

"The decision by the FA to disconnect a violent act from its consequences runs contrary to the principles of civil and criminal law."

Morgan, 31, was booked by referee Andy D'Urso and video replays confirmed that the player's right elbow caught Hume at the side of the head as the pair tussled to win a header. Barnsley manager Simon Davey was sent to the stands for complaining.

The statement added: "It reflects badly on football that the only action which the FA has thought fit to take was to charge Barnsley Football Club's manager with misconduct in relation to alleged verbal abuse towards a match official whilst violent conduct has gone unpunished."

Hume, 25, has played just 16 games for Barnsley since arriving from Leicester City in the summer for £1m when he signed a three-year deal.

He was released after spending 10 days in the Salford Royal Hope Hospital but suffered a further scare on Monday night and was readmitted suffering from an infection to the wound.

According to club officials, Hume is due to return home today after being kept in hospital for two nights as a precautionary measure.

The FA, commenting on their decision not to charge Morgan with violent conduct, said: "When judging whether to take disciplinary action in this case, the FA has had to consider the challenge itself and not the outcome of it.

"The FA has been given express direction from FIFA that we cannot upgrade yellow cards to red. On this basis, we can only bring additional charges in the most exceptional cases and only if it can be proved beyond doubt that the actions of a player were a deliberate attempt to injure an opponent.

"Having reviewed all available evidence in this case, including submissions made by Barnsley, there is no basis on which an additional charge could be brought."

If Barnsley and Hume take the matter to the High Court it will evoke memories of the case involving Bradford City striker Gordon Watson and Huddersfield Town defender Kevin Gray nine years ago.

Watson won nearly £1m in damages after his right leg was broken in two places by a two-footed challenge from Gray at Valley Parade in February 1997.