Cheryl Cole's non-vote on X Factor was 'within rules'

Cheryl Cole said she couldn't choose between singers Treyc and Katie

X Factor bosses say Cheryl Cole's refusal to choose between contestants Treyc Cohen and Katie Waisell was within the rules of the programme and has been done before.

Cole, who was mentor to both the acts, said she refused to take part in the judges' vote on Sunday (7 November).

The judge's refusal to give her decision meant Cohen left the show without the possibility of a deadlock.

That's where the result would be based on a public vote.

A spokesperson for the show said this has happened before when former judge Sharon Osbourne appeared during the first series of the talent show.