Correspondence relating to the establishment of an Ombudsman scheme
Request
I am writing to request information about the Commission's involvement in the setting up of an Ombudsman scheme for the gambling industry as proposed in the Gambling Act White Paper.
Could you please provide copies of all correspondence relating to the establishment of an Ombudsman scheme for the gambling industry between the Gambling Commission and DCMS in the period from 5July 2024 to date?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested copies of all correspondence relating to the establishment of an Ombudsman scheme for the gambling industry between the Gambling Commission and DCMS in the period from 5 July 2024 to date?
Following the Gambling Act Review, the need to create an independent ombudsman to fill the gap for consumers to seek redress when they have been treated unfairly was recognised. I can confirm that information is held by the Commission falling within the scope of your request. However, this information forms part of the ongoing work following the Gambling Act Review. As such, we are of the view that the information you have requested is exempt under section 36 of the FOIA.
Section 36
Section 36 of the FOIA provides that, information is exempt if, in the reasonable opinion of a qualified person, disclosure of the information under this Act –
(2)(b) would, or would be likely to, inhibit –
i. the free and frank provision of advice, or
ii. the free and frank exchange of views for the purposes of deliberation.
The view of the qualified person is that disclosure in this instance would be likely to inhibit the ability of Commission officials and others in expressing views and deliberating issues relating to the key aspects of the Gambling Act Review which would in turn impair the quality of decision making and the provision of advice to DCMS.
Public Interest Test
Having acknowledged that some of the information within the scope of your request is exempt from disclosure, section 36 FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request opposed to maintaining the exemption.
Factors in favour of disclosure:
- It is recognised that there is a legitimate public interest in promoting the transparency of the Commission and in making information available to the public.
- Further to this, the quality of advice and the content of deliberations by officials may improve if there was an expectation that the information would be made publicly available.
Factors against disclosure:
- Disclosure of the material falling within the scope of your request would be likely to prejudice free and frank communications and advice between Commission officials.
- The Gambling Act Review remains under ongoing discussion and live deliberations continue between the Gambling Commission and the DCMS on this matter.
- There is a need for a safe space for Commission officials to have free and frank exchanges with the DCMS in order for the Commission to assure itself, and therefore Government, that decision making is effective.
- Disclosure would impact the ability of Commission colleagues to discuss live issues in the future, exchange informal views and advice and reach decisions, free from external interference and distraction.
- Premature publication of this data could lead to an incomplete and confusing picture emerging and would be likely to cause prejudice to ongoing work of the Gambling Act Review, particularly where there is an intention to publish in the future.
Weighing the balance
Whilst the Commission aims to be open and transparent, there is a need to preserve the confidentiality of developmental discussions, and to be mindful of the sensitivities of information that is held. Having weighed these issues, the view of the qualified person is that the public interest is best served through maintaining this exemption.
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