RET contributions to Better Change CIC
Request
Please name all the operators to date that have made contributions to Better Change CIC, and disclose the size of each contribution with its 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 all the operators to date that have made contributions to Better Change CIC, and disclose the size of each contribution with its date.
Operators are required to make an annual financial contribution to organisations which deliver or support research into the prevention and treatment of gambling-related harms, harm prevention approaches and treatment for those harmed by gambling (RET contributions).
From 1 January 2020 operators must direct their annual financial contribution for gambling research, prevention and treatment as required by Licence Conditions and Codes of Practice (LCCP) SR code 3.1.1 to one or more of the organisations listed on the Gambling Commission website:
List of organisations for operator contributions
Information published on the Gambling Commission website shows the data on contributions received during the period April 2023 to March 2024.
LCCP RET contributions data – April 2023 to March 2024
We do not specify an amount which may be contributed as this could be seen as imposing a levy, which is a power reserved for Parliament. By extension, we do not publish the breakdown of contributions made at operator level.
Gambling operators are required to send us a regulatory return for each type of activity for which they hold a licence. We use the data provided to:
- ensure they are within the correct fee category
- provide us with vital information to ensure we regulate effectively
- publish industry statistics.
The requirement to provide a regulatory return is contained within Licence condition 15.3.1 of our Licence Conditions and Codes of Practice (LCCP).
As part of the Regulatory returns, operators are required to record the value of their RET contribution.
There has been a long period of engagement with gambling operators to establish the process and create the right conditions for them to provide detailed information to us in order for us to develop more informed policy and to increase our understanding of the market.
The Commission does not disclose information relating to its correspondence with operators as the Commission relies on their submissions at the application, assessment and review stages of our licensing processes (including the completion of regulatory returns). We encourage operators to make frank submissions to us to allow us to take appropriate steps in a timely manner, reviewing licence holders thoroughly and fairly. We maintain that this material would be treated as being provided in confidence, acknowledging that any request for information would need to be taken on a case by case basis taking into account the circumstances that exist at the time.
We do recognise that there is value in providing a level of commentary in this area using the information we are collecting. As such, the information contained with the Regulatory Returns is used to populate our LCCP RET contributions data – April 2023 to March 2024
However, ultimately, disclosure of information at the level of detail you have requested would be likely to impact on the voluntary supply of information from other operators.
Section 31 of the Freedom of Information Act 2000 (FOIA) (Law Enforcement) provides that information held by a public body is exempt if its disclosure would, or would be likely to prejudice the exercise of a public body of its functions for any of the purposes specified in subsection (2):
d) the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on.
The Commission is of the view that this exemption applies to all of the information that you have requested. Having acknowledged that the requested information is exempt under section 31 it is necessary that we consider a public interest test to identify whether there is a wider public interest in disclosing this information as opposed to maintaining the exemption.
Arguments in favour of disclosure
The Commission acknowledges that there is a legitimate public interest in promoting the accountability and transparency of public authorities.
Fulfilling this request may increase public awareness of work carried out by the Commission and support them in their choice of operator.
Further to this, increasing confidence in the Commission as a regulator.
Arguments in favour of maintaining the exemption
However, the Commission relies on a variety of sources sharing information in order to function as a regulatory body. Discussing within the public domain information which has been passed to us may deter these sources from sharing important material with us, as such prejudicing our regulatory functions.
The Commission requires license applicants to make full and candid submissions throughout the life of the license. We provide assurance that we will respect the confidentiality of information that we are provided with.
Releasing this information would undermine our relationship with operators as the information that they provide to us as part of the regulatory return process is done so on the understanding that this will not be released into the public domain. If this information was disclosed, it would damage the relationship that we have formed with operators which would result in them being less likely to share information with us in the future which would undermine our regulatory functions and, as a consequence, have a detrimental impact on the wider public
Weighing the balance
Having considered the balance of the public interest, the Commission is of the view that the balance of the public interest lies with maintaining the exemption. The Commission recognises the importance of having sufficient information in the public domain to support consumers with their choice of operator. However, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest
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
Internal Review Request
Thank you for the response to my FOI request about Better Change CIC, which I received on 6 August 2024.
Here I request an internal review of your decision.
Before explaining why I seek an internal review, I must challenge the presentation of the response - namely, the failure to disclose the author's name. The omission would be laughable if it wasn't so serious. Please therefore tell me who wrote the response and in what capacity.
Similarly, please name the individual responsible for the internal review.
Three reasons for an internal review
First reason
There are serious concerns about Better Change CIC,which are on the public record. Please see "Abuse of gambling community-interest company by Tory-linked property group HSPG":Abuse of gambling (opens in a new tab)
On 15 July 2024, I made a formal complaint about Better Change CIC to the Office of the Regulator of Community Interest Companies.
Second reason
- Non-response of Better Change CIC. As I say, I've written to the organisation with my concerns, but it didn't respond to requests for comment. As a CIC, Better Change CIC should be transparent and accountable.
Third reason
The Gambling Commission website shows Better Change CIC on your list of organisations for operator contributions (the so-called LCCP RET list).
There the commission states: "Approved organisations for RET contributions are required to send us quarterly returns listing the financial contributions they have received from operating licence holders."Thus Better Change CIC has been and continues to send the required information to the commission.
Meanwhile, your decision letter says: "Releasing this information would undermine our relationship with operators as the information that they provide to us as part of the regulatory return process is done so on the understanding that this will not be released into the public domain."
This is a fallacious argument. As I say, the information I seek is received by the Gambling Commission from approved organisation Better Change CIC.
Internal Review Response
I am writing to you further to your Freedom of Information request dated 23/07/2024 which we responded to on 06/08/2024 and your subsequent request for an internal review received on 07/08/2024.
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 requested all the operators to date that have made contributions to Better Change CIC, and disclosure of the size of each contribution with its date.
In your appeal, you have focused on the following areas:
- Your formal complaint about Better Change CIC to the Office of the Regulator of Community Interest Companies.
- The non-response of Better Change CIC.
- Our arguments relating to the withholding of information as it would undermine the Commission’s relationship with operators.
As such, we have concentrated our internal review on these elements of our initial response.
Internal Review
Firstly, you have challenged the non-disclosure of the name of the member of staff who provided your initial response. Further to this, you have requested the name of the individual responsible for this internal review. The names of the individuals who have corresponded with you would constitute their personal data. The Data Protection Act 2018 requires the processing of personal data to be fair and lawful.
The Commission considers that it would be disproportionate for us to publicly disclose the personal data of staff members, as there is no strong public interest in doing so.
There is no legitimate expectation that the personal information of these individuals will be disclosed in the context in which it is held.
On balance, there is no legitimate public interest in disclosing this information and it would not be fair to do so.
This information is therefore exempt under section 40(2) of the Freedom of Information Act 2000.
It is of upmost importance to the Commission to ensure the safety and protection of members of staff from unreasonable or abusive behaviour. As such, the Information Management Team, along with other departments within the Commission, do not disclose their personal names when communicating with members of the public. It is only our Executive Team, individuals whose names are already in the public domain, that use their personal names when communicating with members of the public.
Secondly, you have raised concerns in relation to your formal complaint and the non-response of Better Change CIC. It should be noted that the Gambling Commission are an industry regulator and not an ombudsman. Our role is to consider if a gambling business has breached their licence conditions and we will take regulatory action where appropriate. We do not become involved in or “act upon” individual complaints. We acknowledge that you have complained to the Office of the Regulator for CIC’s. For further information regarding their complaints process, please view their website here:
BIS report (publishing.service.gov.uk) (opens in a new tab)
it should also 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.
We expect organisations on the LCCP RET list to also be open and transparent with the Commission and to alert us as soon as possible to any potential issues which may affect their status on the LCCP RET list. Further information on the requirements and expectations for organisations on the LCCP RET list can be viewed on the Commission website:
LCCP RET list: Procedure and guidance for removal of organisations (gamblingcommission.gov.uk)
Thirdly, you have raised concerns about the application of the section 31 Law Enforcement exemption and our argument that the release of information may undermine our relationship with gambling operators. Section 31 of the FOIA provides that information held by a public authority is exempt if its disclosure would or would be likely to prejudice the exercise of a public authority of its functions for any of the purposes specified in subsection 2. The relevant subsection of part 2 of the section 31 exemption that will be impacted by disclosure is:
d) the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on.
It should be noted that the FOIA provides the public with a right of access to information that is held by a Public Authority, with the intention of putting that information into the public domain. Information that is disclosed to the public via this route is considered to be released to the world at large and therefore any information that is provided in response to a request, processed under the FOIA, can be released to anyone who asks for it. Responses to FOIA requests are routinely published and hence publicly available.
In addition, requests for information received under the FOIA have to be processed as ‘applicant blind’. This means that we do not take into account who has requested the information, or their reasons for asking for it when providing a response. This ensures that we are open, transparent and consistent with the information that we publish into the public domain.
The Commission does hold information in scope of your request. Information is submitted via regulatory returns, and different operators have different reporting periods. Information published on the Gambling Commission website shows the data on contributions received during the period April 2022 to March 2024: LCCP RET contributions data – April 2022 to March 2023 (gamblingcommission.gov.uk) and LCCP RET contributions data – April 2023 to March 2024 (gamblingcommission.gov.uk). As mentioned within our initial response, we do not specify an amount which may be contributed as this could be seen as imposing a levy, which is a power reserved for Parliament. By extension, we do not publish the breakdown of contributions made at operator level.
Whilst we acknowledged that there is a legitimate public interest in promoting the accountability and transparency of public authorities within our application of the section 31 exemption, we argued that the disclosure of information at the level of detail you have requested would be likely to impact on the voluntary supply of information from other operators. Section 31 is a prejudice-based exemption and therefore we have a duty to demonstrate how disclosing such information could be harmful when enforcing the law.
We require license applicants to make full and candid submissions throughout the life of the license. Releasing information of such submissions would undermine our relationship with operators as the information that they provide to us as part of the regulatory return process is done so on the understanding that this will not be released into the public domain. We provide assurance to applicants that we will respect the confidentiality of the information that we are provided with.
If the Commission is unable to obtain the relevant information from operators needed to make decisions, this could harm its ability to effectively carry out its regulatory functions and objectives set out in the Gambling Act. Whilst it is recognised that the Commission has powers to formerly order information, the process is burdensome and would mean that the Commission would likely receive less information and deal with fewer cases, which in turn would affect its ability to function effectively and meet its duties under the Gambling Act.
Consequently, if the requested information was disclosed, it would damage the relationship that we have formed with operators which would result in them being less likely to share information with us in the future. As argued in our initial response, this would undermine our regulatory functions and, as a consequence, have a detrimental impact on the wider public.
We do, however, recognise the importance of having sufficient information in the public domain to support consumers with their choice of operator. Therefore, the Commission does publish information in relation to license conditions and LCCP RET contributions data which you were directed to in our initial response.
After reviewing your request and our response, we uphold our original decision to engage the section 31 exemption in relation to 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.
Yours sincerely,
Information Management Team
Gambling Commission