Dear Gambling Commission,

Please provide an electronic copy of any IBAS rulings (including the IBAS adjudicator's reasons for them) that you hold dated from 2016 onwards.
Feel free to black out personal data.

Yours faithfully,
S Elibank

Freedom of Information, Gambling Commission

1 Attachment

Dear Mr Eilbank

I write further to your email of 8 November 2018 in which you requested an electronic copy of any IBAS Rulings, including the IBAS adjudicator's reasons for them, that we hold from 2016 onwards.

Your request has been processed by the Gambling Commission (the Commission) under the Freedom of Information Act 2000 (FOIA2000)

Under the licence conditions and codes of practice operators must report to the Commission the conclusion of a dispute referred to an ADR entity, and in such case provide the Commission with a copy of the decision or note of the outcome.

Please find attached a spreadsheet containing a list of all IBAS Rulings from 01/01/2016 to 31/10/2018. The spreadsheet lists the name of the licensee and the event date.

Section 12(1) of the FOIA makes provision for public authorities to refuse requests for information where the cost of complying with it 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 2.5 working days in determining whether the department holds the information, locating, retrieving and extracting the information.

There are over 500 records which would need to be checked in respect of your request. We estimate that it would take in excess of 2.5 working days to review the scope of information you have requested and redact any personal data. If you are able to narrow your request, in terms of the timescale or operator, we may be able to provide some data by working up to the time limit.

Review of the decision

If you are unhappy with the service you have received in relation to your Freedom of Information request and wish to make a complaint or request a review of our decision, you should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP.

If you are not content with the outcome of your complaint, 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.

Please direct any queries to our contact centre: 0121 230 6666 or [email address]

Kind regards
Freedom of Information Team
This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please return it to the address it came from indicating that you are not the intended recipient and delete it from your system. Do not copy, distribute or take action based on this email. Freedom of Information requests can be submitted either by email ([email address]) or by writing to: FOI request Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Please clearly state that your request is under the Freedom of Information Act.

Dear Freedom of Information,

Please limit my request to January 2017 to October 2018.

I also note that section 12 only applies to time taken in locating the relevant information. Time taken in redacting it does not count.

Yours sincerely,

Steve Elibank

Freedom of Information, Gambling Commission

1 Attachment

Dear Mr Elibank

 

I write further to your FOI request of 8 November 2018 and your subsequent
email of 28 November limiting the scope of your request.

 

Your original request was “Please provide an electronic copy of any IBAS
rulings (including the IBAS adjudicator's reasons for them) that you hold
dated from 2016 onwards.

Feel free to black out personal data”

 

Operators must submit IBAS decisions to the Commission by virtue of the
requirement in Licence Conditions and Codes of Practice (LCCP) to submit a
key event to us. Key events can be submitted to the Commission in a
variety of ways and are collected and collated in different ways depending
on how they were submitted. Sometimes the summary of the key event
contains the adjudicator’s reasons for their decision and the outcome,
making it easily retrievable electronically and sometimes it does not.

 

Where the key event summary does not contain the adjudicators reasons
and/or outcome, we would have to manually retrieve each record, open it
and transfer the reasoning into  a new document. We could start to do that
but we would very quickly reach the Section 12(1) FOIA time limit. Even
for your limited scope, this would result in us providing an incomplete
set of records because we would stop the process once we had reached the
time limit.

 

In an effort to be as helpful as we can in answering your request, we have
worked up to the Section 12(1) time limit and we can provide you with a
list of all of the IBAS rulings and their outcome. We have had to manually
extract the outcomes for all provided records and have been able to do
that for your original scope. Where the adjudicators reasons for the
outcome are included in the summary of the key event we have been able to
provide that also.

 

However, where the adjudicators reasons are not part of the summary of the
key event submitted, we are not able to manually retrieve this part of
your request within the Section 12(1) time limit for either your original
or limited request.

 

Please also note that each row in the attached spreadsheet is indication
of the key event submitted. A key event can be submitted which covers more
than one IBAS ruling. Where possible this is indicated in the description
of the key event.

 

Section 12 does apply to time taken to retrieve the information (but not
to redacting it, as you helpfully pointed out).

 

The file we sent to you on 28 November actually contained the details of
all key events logged that related to all Alternative Dispute Resolution
providers by mistake. You should be aware that there are ADRs in use other
than IBAS, however the attachment to this email correctly contains only
events relating to IBAS (as you requested). This explains the difference
in number of rows in the two spreadsheets.

 

We hope that you find the attached information helpful, at least in part,
with regard to your request.

 

Review of the decision

 

If you are unhappy with the service you have received in relation to your
Freedom of Information request and wish to make a complaint or request a
review of our decision, you should write or email to FOI Team, Gambling
Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham,
B2 4BP.

 

If you are not content with the outcome of your complaint, 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.

 

 

Kind regards

Freedom of Information Team

 

 

 

 

This email and any files transmitted with it are intended solely for the
use of the individual or entity to whom they are addressed. If you have
received this email in error please return it to the address it came from
indicating that you are not the intended recipient and delete it from your
system. Do not copy, distribute or take action based on this email.
Freedom of Information requests can be submitted either by email
([email address]) or by writing to: FOI request Gambling
Commission Victoria Square House Victoria Square Birmingham B2 4BP Please
clearly state that your request is under the Freedom of Information Act.

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