I suspect they are waiting for when a point deduction is meaningless. If a point deduction relegates Rotherham, they will kick up a stink, threaten to sue, possibly actually sue, etc. If they don't get a deduction and someone else goes down in their place, that team will kick up a stink etc.
Wait until it doesn't make a difference, then take them, no complaints.
Wait until it doesn't make a difference, then take them, no complaints.