The Gambling Commission has confirmed plans to implement Financial Risk Assessments on UK gambling operators, triggering widespread condemnation from across the industry.
The first phase of the FRA programme will target the largest operators, focusing on high-spend customers with a threshold set at £5,000 net deposits accumulated over a 24-hour period.
Sophie Kemp, Partner and Head of Public Law at London-based law firm Kingsley Napley, warned that “there may be strong grounds for bringing a judicial review challenge” about the approach taken by the Commission.
Kemp stated that “many in the industry view the Gambling Commission’s decision to proceed with affordability checks as rushed, flawed and hugely problematic,” adding that concerns about credit reference data reliability and customer friction remain unresolved.
Betting and Gaming Council Chief Executive Grainne Hurst described the industry as “deeply disappointed and frustrated” by the Commission’s decision to press ahead despite significant concerns raised over the past 18 months.
Hurst pointed out that changes to the rollout timetable and thresholds showed the Commission had acknowledged some concerns, but argued that critical issues had still not been properly addressed.
British Horseracing Authority Chief Executive Brant Dunshea warned the checks would have “severe financial implications for British racing and the UK economy” while subjecting racing bettors to “unwarranted levels of intrusion.”
Dunshea argued the policy risks driving consumers to the black market, reducing tax revenues and damaging two industries that together contribute billions of pounds and support more than 200,000 jobs.
Dunshea also criticised the DCMS directly, stating the FRA decision shows “how little the DCMS has done for the country’s second-favourite sport,” and called for parliamentary debate on a policy of this scale.
He expressed frustration that stakeholders had not been permitted to review key pilot evidence, including the independent NatCen evaluation, before implementation was confirmed by the regulator.
Leading racehorse trainer John Gosden told Racing TV the Commission’s “qualification is to have absolutely no experience of our industry or the gambling industry,” warning the policy would “create criminality” and drive bettors to unregulated markets.
Gosden described the policy as “the most ridiculous” he had seen, suggesting ministers had allowed an unelected regulator to dictate gambling policy without adequate parliamentary oversight.
Shadow Gambling Minister Louie French accused the Commission of ignoring widespread opposition, stating: “This is a really disappointing announcement. MPs have raised a variety of concerns, and so have British horse racing.”
French went further, declaring the situation “a dereliction of duty” and insisting the government must take control of the Gambling Commission and bring the matter back before Parliament for full debate.
Helen Rhodes, Director of Major Policy Projects and Evaluation at the Gambling Commission, defended the pilot data, noting that high-spending customers are “between two and four times more likely to have a debt management plan” and between two and five times more likely to have arrears and defaults.
