Financial Risk Checks update

Request

Please send me all documents relating to financial risk checks (also known as 'affordability checks') provided to remote gambling operators licensed by the Gambling Commission between April 1, 2024 - December 10, 2024 inclusive:

Specifically, I request the following to be sent:

1. All papers from Gambling Commission board meetings relating to proposals for, and implementation of, frictionless financial risk checks for remote gambling operators
2. All internal emails from the chief executive, Mr Andrew Rhodes, on, or containing, the subject frictionless financial risk checks for remote gambling operators
3. All internal emails from executive director Mr Tim Miller on, or containing, the subject frictionless financial risk checks for remote gambling operators
4. All internal correspondence from the Gambling Commission relating to the Horseracing Betting Levy and the Horseracing Betting Levy Board

Response

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have requested all documents relating to financial risk checks (also known as ‘affordability checks’) provided to remote gambling operators licensed by the Gambling Commission between April 1, 2024 - December 10, 2024 inclusive: Specifically:

1. All papers from Gambling Commission board meetings relating to proposals for, and implementation of, frictionless financial risk checks for remote gambling operators
2. All internal emails from the chief executive, Mr Andrew Rhodes, on, or containing, the subject frictionless financial risk checks for remote gambling operators
3. All internal emails from executive director Mr Tim Miller on, or containing, the subject frictionless financial risk checks for remote gambling operators
4. All internal correspondence from the Gambling Commission relating to the Horseracing Betting Levy and the Horseracing Betting Levy Board

For context, the Commission has introduced financial vulnerability checks, initially at a higher threshold of £500 net deposits per 30 day rolling period at the end of August 2024 and at a lower threshold of £150 net deposit per 30 day rolling period in February 2025. A financial vulnerability check is designed to identify significant financial vulnerability at an early stage of the customer journey in order to be able to support customers who are significantly or particularly financially vulnerable. It is based on publicly available data and does not include credit reference bureau data. Full details of these checks are set out in our consultation response: Summer 2023 consultation

Financial risk assessments are not operating live. The Commission is conducting a pilot of frictionless financial risk assessments, in order to test how data sharing using credit reference data could be used to support high-spending gambling customers who are financially vulnerable and to inform a final decision on whether to introduce these assessments, and if so, how. Whilst often described as a an “affordability” check, this description is inaccurate. Instead, we are piloting a more targeted approach to identifying financial risk and difficulties.

We want to tackle cases where customers have been able to gamble large amounts without any checks or support where it was later identified that this led to significant harm.  Our approach to the pilot is set out in our blog. The pilot will explore the level of customer accounts for which a financial risk assessment can be conducted and the level of unmatched or thin files that would be in place.

Today (10/02/2025), the Gambling Commission has published an update on the ongoing pilot of financial risk assessments. For more information please read the full Financial risk assessments pilot update.

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. Further to this, there is no outstanding public interest in releasing this information whilst the review is still ongoing. Having weighed these issues, the view of the qualified person is that the public interest is best served through maintaining this exemption.

There is very little that providing this information would do in terms of the public interest whilst disclosure would be likely to impact the future of the Gambling Act Review.

We will continue to make available public information as our pilot progresses and the Commission’s full response of a decision following consultation and the pilot will also be published in due course.

Finally, I can confirm that no information is held falling within the scope of part four of your request.

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