Complaints Data
Request
I am writing to submit a revised request for information under the Freedom of Information Act 2000. I understand from your previous response that my initial request was too broad and the information is not centrally located, making it difficult to retrieve within the resource constraints outlined in Section 12 of the FOIA.
To facilitate a more manageable retrieval process, I have refined my request as follows:
Complaints Summary:
Instead of details on all complaints related to breaches of the Social Responsibility Code (LCCP) by operators, could you provide a summary report of the total number of complaints received in the last three years? If possible, please include a general categorization of the nature of these complaints (e.g., self-exclusion failures, misleading advertising).
Problem Gambling Refunds:
Rather than detailed case information, could you provide aggregate data on the number of requests for problem gambling refunds received, and the number of refunds issued by gambling businesses without direction from a court or the Gambling Commission, for the last three years?
Additionally, I seek insight into the collaborative efforts between the GC and the ICO concerning the provision of complete betting behavior and affordability checks information by gambling operators to data subjects. This is particularly pertinent in situations where adherence to the Social Responsibility Code (LCCP) by operators may be in question.
Specifically, I am interested in:
The nature and extent of the support or guidance provided by the Commission to facilitate or ensure that gambling operators supply comprehensive betting behavior information to data subjects.
The role of the Commission in reinforcing the adherence to social responsibility guidelines as outlined in the LCCP, especially in instances where gambling operators may fall short of these obligations.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- The total number of complaints received in the last three years? (If possible, please include a general categorization of the nature of these complaints)
- Aggregate data on the number of requests for problem gambling refunds received, and the number of refunds issued by gambling businesses without direction from a court or the Gambling Commission, for the last three years?
- Finally, information relating to the collaborative work between the GC and the ICO concerning the provision of complete betting behaviour and affordability checks information by gambling operators to data subjects. This is particularly pertinent in situations where adherence to the Social Responsibility Code (LCCP) by operators may be in question. Specifically:
• The nature and extent of the support or guidance provided by the Commission to facilitate or ensure that gambling operators supply comprehensive betting behaviour information to data subjects.
• The role of the Commission in reinforcing the adherence to social responsibility guidelines as outlined in the LCCP, especially in instances where gambling operators may fall short of these obligations.
I can confirm that the number of complaints received in the last three years is information able to be drawn from information held by the Gambling Commission. Further to this, these figures could be broken by the general categorization used when we create a record within our records management system.
When we receive any complaint and create a record within our records management system we record more specific details of the complaint in a ‘free text’ field. There will be some information held falling within the scope of part two of your request, however, this information is not easily searchable and would require a manual review of each record to identify the information requested.
Section 12 of the Freedom of Information Act 2000 (FOIA) makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for public authorities, such as the Commission, is set at £450. This represents the estimated cost of one person spending 18 hours in determining whether the department holds the information, locating, retrieving and extracting the information.
The information that you have requested is not held in one central location. We estimate, in order to identify, locate and retrieve the information relating to the above request, it would take in excess of 18 hours to determine appropriate material and locate, retrieve and extract any relevant information in reference to your request.
When a public authority applies the Section 12 exemption to a request, the FOIA guidance specifically states that a public authority should avoid providing any information found as a result of a search as it denies the requestor the right to express a preference as to which parts of the request they may wish to receive within the appropriate time limit. Guidance on the application of section 12 can be viewed here:
Requests where the cost of compliance exceeds the appropriate limit (opens in a new tab)
If you are able to refine your request, we may be able to narrow the number of records that we need to search.
Until we are able to process the search of the information you have requested, we are unable to ascertain if other exemptions will apply to any material identified which would also prevent disclosure.
Please note, any refined request would be processed as a new request and the 20 working day statutory time limit would apply.
- Finally, 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.
This does not appear to be a request for specific recorded information, as such, we are unable to provide any information in line with the FOIA.
However, information on how we have been working alongside the ICO to explore the challenges associated with achieving a 'single customer view' is available on the Gambling Commission and ICO websites, for example:
Regulatory Sandbox Phase 1 Outcome Report: Gambling Commission (opens in a new tab)
good-with-sandbox-exit-report.pdf (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