Complaints in the last 12 months
Request
I understand the challenges associated with retrieving the data within the constraints of the Section 12 cost limit. To facilitate a more manageable search that remains within the estimated cost and time limits, I would like to refine my request as follows:
Number of Complaints: Please provide only the total number of complaints received in the last year, rather than the last three years. This should reduce the volume of records to be reviewed.
Problem Gambling Refunds: Rather than a detailed review of all records, could you provide an aggregate summary of the total number of requests for problem gambling refunds and the number of refunds issued by gambling businesses without a direction from a court or the Gambling Commission for the last year only?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
Number of Complaints: Please provide only the total number of complaints received in the last year, rather than the last three years.
Problem Gambling Refunds: Rather than a detailed review of all records, could you provide an aggregate summary of the total number of requests for problem gambling refunds and the number of refunds issued by gambling businesses without a direction from a court or the Gambling Commission for the last year only?
I can confirm that the number of complaints received in the last year is information which we are able to obtain from information held by the Gambling Commission. Further to this, these figures could be broken down by the general categorization used when we create a record within our system.
However, as previously described, when we receive any complaint and create a record within our system, we record more specific details of the complaint in a ‘free text’ field. There is no general categorisation which would encompass the type of complaint you have described in your request. There may 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.
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.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
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