Complaints
Request
Are you as regulator of the gambling industry responsible in ensuring companies deal with complaints in a fair, open and transparent manner or is it the ICO who are responsible?
Do I have the right to request information and transparency to a complaint with a gambling company?
REDACTED.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Firstly, it should be noted that the FOIA gives individuals the right to request only recorded information held by public authorities, such as the Gambling Commission. It does not provide an avenue for individuals to gain views or opinions of public authorities or information not held at the time the request is made.
As such the Gambling Commissions responses to your enquiries (highlighted in bold), in accordance with the FOIA are as follows:
Are you as regulator of the gambling industry responsible in ensuring companies deal with complaints in a fair open and transparent manner or is it the ICO who are responsible?
The Gambling Commission has no legal power to resolve individual complaints.
If you disagree with a gambling business about the result of your gambling transaction, or about the service you have received from them, then you should first complain to them.
If you are not satisfied with the result from the gambling business, after 8 weeks you can take your complaint to an Alternative Dispute Resolution (ADR) provider. An ADR provider is a free, independent service.
The gambling business should be able to tell you which ADR provider to use and give you their contact details. They may also give you a letter to confirm that you can take your complaint to an ADR provider, called a deadlock letter.
Further information can be viewed on the Gambling Commission website:
Complain about a gambling business (gamblingcommission.gov.uk)
Complaints (gamblingcommission.gov.uk)
As a regulator, the Commission can review ADR providers to make sure they are fulfilling the requirements of the ADR regulations and our standards for providers. However, as with all regulatory action undertaken by the Commission, we are not able to share details of our investigations or provide individual updates on any outcomes.
Do I have the right to request information and transparency to a complaint with a gambling company?
It is the role of the ICO to uphold information rights in the public interest.
You have the right to ask an organisation for copies of your personal information, verbally or in writing. This is called the right of access and is commonly known as making a subject access request or SAR.
The ICO have published guidance, which explains how to make a subject access request:
Your right of access | ICO (opens in a new tab)
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP
Internal Review Request
I am not happy with your response to my FOI request or the service you have provided in relation to my request for help/information.
I have made it clear from day 1 that I have not asked you to get involved in a complaint and to make a judgement or adjudicate on it.
I have merely asked you to ask a company that you REGULATE to provide a fair open and transparent response to my complaint.
The above words are from our website and it clearly states that you expect the companies that operate under your jurisdiction to abide by these terms/rules.
REDACTED.
Internal Review Response
I am writing to you further to your Freedom of Information request dated 07/11/2023 which we responded to on 15/11/2023, and your subsequent request for an internal review received on 15/11/2023.
We have now concluded our review and our findings are detailed below. This internal review was conducted by someone who was not involved in the processing of your original request.
In your initial email you requested the following information:
- Are you as regulator of the gambling industry responsible in ensuring companies deal with complaints in a fair open and transparent manner or is it the ICO who are responsible?
- Do I have the right to request information and transparency to a complaint with a gambling company?
- REDACTED.
In relation to part one of your request, we confirmed that the Gambling Commission has no legal power to resolve individual complaints, and that should you disagree with a gambling business regarding the result of your gambling transaction, or regarding the service you have received from them, then you should first complain to the gambling business directly. We then explained that if you are not satisfied with the result from the gambling business, after 8 weeks you can take your complaint to an Alternative Dispute Resolution (ADR) provider which is a free, independent service. You were also provided with links to the Gambling Commission website, directing you to further information.
We then confirmed that as a regulator, the Commission can review ADR providers to make sure they are fulfilling the requirements of the ADR regulations and our standards for providers. However, it was explained that as with all regulatory action undertaken by the Commission, we are not able to share details of our investigations or provide individual updates on any outcomes.
I therefore uphold the decision that this part of your request has been answered in full and no further information can be provided in line with the FOIA.
In relation to part two of your request, we confirmed that it is the role of the Information Commissioner’s Office (ICO) to uphold information rights in the public interest. It was then explained that an individual has the right to ask an organisation for copies of personal information, verbally or in writing. This is called the right of access and is commonly known as making a subject access request (SAR). You were also provided with a link to the ICO website, directing you to published guidance explaining how to make a subject access request should you wish to do so.
I therefore uphold the decision that this part of your request has been answered in full and no further information can be provided in line with the FOIA.
In relation to the third and final part of your request, the Commission is a transparent organisation and will process any requests for information received under FOIA in compliance with the legislation. However, we must advise that the FOIA covers information that is recorded at the time of your request and does not include the creation of new information or the provision of personal opinions or comments. As a result, we confirmed that this is therefore not a request for recorded information, and as such we were unable to provide a response in accordance with the FOIA. I therefore uphold the decision that no further information can be provided in line with the FOIA for this part of your request, as this is not a request for recorded information.
If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely,
Information Management Team
Gambling Commission