This box is not visible in the printed version.
Request date: 1 October 2024
This version was printed or saved on: 19 March 2025
Online version: https://www.gamblingcommission.gov.uk/about-us/freedomofinformation/general-election-betting-investigation
The Gambling Commission has said publicly that it is conducting a "criminal investigation into confidential information being used to gain an unfair advantage when betting on the date of the General Election". General Election Betting Investigation (opens in a new tab)
Please can provide the following information about this matter:
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested the number of persons that the Gambling Commission has investigated but decided not to take any further action against in relation to the following article: General Election Betting Investigation (opens in a new tab).
The Commission is a regulatory body with licensing, compliance, and enforcement functions; through our regulatory activity, the Commission aims to protect consumers and the wider public, and to raise standards in the gambling industry. We take care to publish as much information as possible. However, we must also be careful not to reveal any information that could hinder our ability to conduct investigations or enable those we may investigate to avoid detection.
The Gambling Commission do not provide comment on any investigations unless it is in the public interest to do so. As such, we are unable to confirm or deny whether we hold any information within the scope of your request. Section 30(3) of the FOIA (investigations and proceedings) exemption applies.
Section 30(3) (investigations and proceedings) provides that the duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).
Having acknowledged that the Commission is not able to confirm or deny whether we hold any information within the scope of your request, section 30 of the FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request as opposed to maintaining the exemption.
Arguments in favour of disclosure
The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
It is important that the public are assured that the Commission is carrying out its functions in ensuring that it is fulfilling its statutory obligations as set out in section 22 of the Gambling Act 2005. The statutory duties laid out in section 1 are:
a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
b) ensuring that gambling is conducted in a fair and open way, and
c) protecting children and other vulnerable persons from being harmed or exploited by gambling.
Disclosure of the requested information could demonstrate to stakeholders and relevant parties how the Commission conducts its investigatory activities.
Furthermore, fulfilling this request may encourage stakeholders to work with us and contribute to our programme of work, increasing confidence in the Commission as a regulator and its ability to uphold the law.
Arguments in favour of maintaining the exemption
The Commission has robust and effective processes and procedures in place which are utilised when exercising our investigatory powers. These procedures and processes have been put in place to increase the integrity of investigations, demonstrating to the public at large that they can have confidence in the Commission’s ability to uphold its statutory obligations.
There is an expectation of confidence in much of the Commission’s work, particularly regarding the external conversations that take place between the Commission and third parties. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
Confirming or denying information which makes specific individuals or events identifiable could alert individuals involved to the fact that the Commission was/is or alternatively wasn’t/isn’t engaging in specific conversations; providing an opportunity for individuals to alter their behaviours or evade detection. This would result in making it more difficult for the Commission to achieve its aims.
Further to this, simply confirming or denying this request for information would impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies. The amount of information released is carefully considered in order to protect the integrity of the Commissions work and individuals from being unfairly associated with unsubstantiated allegations.
Finally, if a formal decision is made the Commission will ordinarily publish all such information in full. Fulfilling this request may prejudice the outcome of future regulatory work of the Commission, or another body, to the detriment of the public interest.
Weighing the balance
Given the points considered, disclosure of the information would be damaging to the Commission as a regulatory body which serves to protect the wider public interest. As such, the Commission believes that the interests of the public are better served through maintaining the exemption, therefore, we are not in a position to confirm or deny whether we hold any information in relation to your request.
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
I would like to request an Internal Review of your decision, on the following grounds:
Obviously the Gambling Commission holds information about decisions made in its own investigations. Acknowledging that fact does not reveal anything about the decisions themselves. No good purpose is served in refusing to confirm or deny.
No prejudice would arise from disclosure of the requested information.
a) The information requested does not identify any individual or event. It is merely an aggregate number relating to an investigation the Commission has itself publicised.
b) The information requested does not regard any "external conversations". It asks for a statistic about the Commission's own internal decision making. The Commission makes its own decisions on prosecutions, as made clear in its own documentation:
c) The information would not enable individuals to alter their behaviours as it does not identify any person, or even reveal what % of cases the Commission may have discontinued.
There is no attempt to explain how these consequences would occur or why they would stem from the disclosure of the information, never mind mere confirmation that the information is held.
It is telling that the one reference to "prejudice" in the Commission's response only asserts that it "may" occur, not that it "would" or "would likely" occur.
The information requested relates to closed matters, not open ones. As the ICO says: "Once a case has been closed because there is no evidence that an offence has been committed, there is no longer any realistic prospect of solving the case, or any proceedings have concluded, the public interest in maintaining the exemption may wane."
The public interest in favour of disclosure is much stronger than the Commission describes. The Commission's investigation was launched in the heat of a general election and undoubtedly had an impact on the election campaign. The Commission made a choice to begin its inquiries while the election campaign was ongoing. Given the significance of that decision, and the very strong public interest in scrutinising the Commission as a result, it is right that the Commission is transparent about the number of investigations into individuals that ended with no action being taken.
I am writing to you further to your Freedom of Information request dated 01/10/2024 which we responded to on 02/10/2024, and your subsequent request for an internal review received on 03/10/2024.
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 referenced that The Gambling Commission has said publicly that it is conducting a "criminal investigation into confidential information being used to gain an unfair advantage when betting on the date of the General Election". Specifically, you requested the following information:
We advised that the Gambling Commission does not provide comment on any investigations unless it is in the public interest to do so. As such, we were unable to confirm or deny whether we hold any information within the scope of your request. Section 30(3) of the FOIA (Investigations and proceedings) exemption was engaged.
Internal Review
The duty to confirm or deny
Section 1(1)(a) of FOIA provides that any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request. This is known as ‘the duty to confirm or deny’. However, in certain circumstances there are exemptions to this duty.
Under section 30(3), the duty to confirm or deny doesn’t arise in relation to information which, if held, would be exempt information by virtue of section 30(1) or (2). You have requested information relating to how many persons who were working, specifically, as civil servants were being investigated by the Gambling Commission on suspicion of cheating on betting on the timing of the election. Whilst we are able to confirm that currently the Commission is investigating the possibility of offences concerning the date of the election, this is an ongoing investigation, and the Commission cannot confirm or deny any further details relating to specific individuals at this time.
Given the type of information requested, we consider that section 30(1)(a) would apply to the requested information, if held.
Section 30 – Investigations and proceedings conducted by public authorities
Section 30(1)(a) of the FOIA, provides that information held by a public authority is exempt information if it has, at any time, been held by the authority for the purposes of:
(a) any investigation which the public authority has a duty to conduct with a view to it being ascertained
(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it
Section 22 of the Gambling Act 2005 sets out that the Gambling Commission is responsible for regulating and promoting licencing objectives as set out in section 1 of the Gambling Act 2005. The statutory duties laid out in section 1 are:
a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
b) ensuring that gambling is conducted in a fair and open way, and
c) protecting children and other vulnerable persons from being harmed or exploited by gambling.
Under section 27 of the Act (opens in a new tab) the Commission may undertake activities for the purpose of assessing compliance with provision made by or by virtue of the Act and whether an offence is being committed under the Act. By virtue of section 28 of the Act (opens in a new tab) the Commission has the power to investigate whether an offence has been committed under the Act and may institute criminal proceedings in respect of offences under the Act in England and Wales.
As has been confirmed on the Metropolitan Police (the MET) website (opens in a new tab), there were two investigations running into the placing of bets on the date of the General Election: one by the Gambling Commission (focussing on suspected offences of cheating) and one by the Metropolitan Police (centred on offences of misconduct in public office).
The Commission’s investigation is ongoing, the Police announced the conclusion of theirs at the end of August (opens in a new tab). The Commission’s investigation into the placing of bets on the date of the General Election specifically concerns the offence of cheating, as defined by section 42 of the 2005 Act and is ongoing.
As such, we are satisfied that information relating to specific individuals forming part of the investigation would be held for the purposes of specific criminal proceedings that the Commission has the power to conduct. Such information would be exempt by virtue of section 30(1)(a), and it follows that section 30(3) is engaged.
Public Interest Test
When reviewing this request, the public interest test was further considered, and we acknowledge that fulfilling this request may demonstrate the type of information processed by the Commission, enhancing accountability and transparency in relation to a high-profile matter. Further to this, increasing confidence in the Commission as a regulator and its ability to uphold the law.
However, there is an expectation of confidence in much of the Commission’s work. Whilst investigations are ongoing, public authorities require a safe space in which to operate and premature disclosures could create intense media pressure which could present problems for the judicial processes.
As advised in our original response, confirming or denying information which makes specific individuals or events identifiable is likely to impact on the openness of stakeholders when sharing important information with us or other law enforcement agencies. Additionally, information which makes specific individuals or events identifiable could also alert individuals involved to the fact that the Commission was/is or alternatively wasn’t/isn’t engaging in specific conversations.
In our response we also advised that the Commission is a regulatory body with licensing, compliance, and enforcement functions and through our regulatory activity, the Commission aims to protect consumers and the wider public, and to raise standards in the gambling industry. However, we must also be careful not to reveal any information that could hinder our ability to conduct investigations or enable those we may investigate to avoid detection.
As detailed above there is information about this matter already in the public domain on the MET website. It is important to allow the investigation to progress without any prejudice to any future investigations and proceedings that may arise from disclosures outside of such an investigation.
Finally, once or if a formal decision has been made, the Commission will ordinarily publish all such decisions in full. Fulfilling this request may prejudice the outcome of any ongoing or future investigation by the Commission, or another body, to the detriment of the public interest. It is not conducive to effective investigations for information to be published to the world at large as it could prejudice any prosecution that may follow. Furthermore, we understand that there remain live investigations and, as such, the public interest in maintaining the exemption clearly outweighs the public interest in fulfilling this request.
After reviewing your request and our response, we uphold our original decision to engage the section 30 exemption in relation to your request and we are unable to confirm or deny whether we hold any specific information within the scope of your request.
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.