Affordability checks evidence needs to be made public to address 'trust deficit', says BHA

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The BHA has called on the Gambling Commission to make public the evidence it presented to its board on its affordability checks pilot to address the “trust deficit” that has developed during the process.

The importance of publishing the crucial evidence on which the commission's board will judge whether to proceed with the implementation of affordability checks was also raised by the Betting and Gaming Council (BGC), but requests have been rebuffed.

Last month the Gambling Commission's executive said it had submitted “extensive evidence” to the board to help inform a decision on whether to proceed with the checks, which have been termed financial risk assessments by the commission and the government.

Following its meeting on May 21, the board acknowledged the evidence it had received but added that it had “not yet fully completed its assessment” of it, and that a decision on affordability checks would be postponed until a future date.

The decision came following extensive campaigning and media attention on the issues surrounding the pilot, which included credit reference agencies returning different results for the same customer and the growing influence of illegal black market bookmakers.

Jack Barton, BHA policy and advocacy manager, wrote in a blog: “The political will still seems to exist from this government to make these intrusive checks a reality, so it remains vital that work is undertaken to address some of the flaws with the policy exposed by the pilot. 

“What was also apparent before May 21, and remains so, is that horseracing and the betting public should be given the opportunity to see the ‘extensive evidence’ presented to the board. As it considers what comes next, this should be a priority for the commission and would go some way to addressing the trust deficit that has built up over the course of the pilot phase and ahead of the recent board meeting.”

The BGC said it had submitted its own request to see the evidence. Chief executive Grainne Hurst said: “We share the BHA’s view that the Gambling Commission should publish the evidence currently being considered by its board. 

"The BGC has asked the Gambling Commission to share that evidence relating to the pilot of financial risk assessments, but it has not yet been provided to us.

“Given the significance of these proposals for the regulated betting industry, racing and customers alike, it is important that the evidence is made available so stakeholders can fully understand the basis on which the commission determines its next steps.”

Grainne Hurst: "Gambling Commission should publish the evidence currently being considered by its board"

Asked whether the commission would publish the evidence following the requests by the BHA and BGC, a spokesperson said: “Once any decisions are made we will publish relevant information and evidence as we do with any regulatory changes we have consulted on.”

Barton added the lack of transparency from the Gambling Commission and Department for Culture, Media and Sport (DCMS) extended to the existence and membership of the Gambling Review Evaluation Advisory Group, which has been advising on proposals in the 2023 white paper.

Last month James Noyes, an early advocate of affordability checks, resigned from the group citing a lack of proper assessment and evaluation of the measures.

Barton wrote: “In our extensive engagement with DCMS since the 2023 white paper, and even in official on-the-record responses to parliamentary questions, this [group] has not been mentioned by the department and the reluctance even now to reveal the group’s wider membership until after the findings have been published surely raises questions about the level of transparency surrounding the pilot tests of affordability checks.”

New safeguarding regulations announced by BHA

A number of new safeguarding measures have been introduced by the BHA to protect under-18s and vulnerable people working in racing. These include the creation of a safeguarding case management group to scrutinise and challenge decisions led by the BHA in the area, and the mandatory reporting of safeguarding concerns involving under-18s to the BHA.

In April former stable staff member David Hickin was disqualified from the sport for 32 months for serious sexual misconduct and abusing his position in relation to three women aged 18, 18 and 22.

The new safeguarding measures now allow the imposition of risk management measures on people who pose “a clear and obvious safeguarding risk”, while a new section on safeguarding has been added to the rules of racing.

Matt Mancini, BHA head of safeguarding and human welfare, said: “These updated measures are fundamentally about protecting and supporting our people, ensuring that British racing is a safe environment for everyone involved. They reflect our ongoing commitment to maintaining the highest possible standards across the sport.”

Read these next:

Gambling Commission delays decision on affordability checks as board says it needs more time to assess the evidence 

Government washes its hands of responsibility as uncertainty over affordability checks continues 

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