Andrew Lyman’s Post

View profile for Andrew Lyman, graphic

Gambling Commissioner and Executive Director at Government of Gibraltar -Ministry of Justice,Trade and Industry

I joined IBAS as a NED, not only because it is an organisation with a proud history of settling betting disputes ( even in a time before wagering agreements were enforceable at law), but it already possesses the independent sectoral experience to be the nucleus of a much needed UK Ombudsman. When dealing with contractual and social responsibility complaints the devil is in the detail and the framework of the GB Gambling Act 2005 never envisaged that the regulator would fulfill an Ombudsman role. Consumers can take legal action on the contract, but “ duty of care” cases are complex and past court decisions have not always favoured those who have lost money and alleged the operator should have protected them from their own actions. An Ombudsman can also serve to protect those who would struggle with the formal legal process by providing a better way to provide consumer redress. It is disappointing that we still do not have the Ombudsman in place, but it is an ambition worth fighting for. This is less about the sustainability of IBAS per se, but more about wanting to establish an expert Ombudsman with the capacity to make fair and proportionate determinations for both consumers and operators ( and to ensure that consumers have a growing level of trust that they will (a) get a fair deal (b) be protected by the business if they exhibit markers of harm in their gambling behaviour. Some favour a statutory Ombudsmen, but that would take years to establish and longer to gain the industry experience required to be effective. There is precedent for non statutory sectoral Ombudsman and with the right level of funding ( far less than a statutory Ombudsman would cost) and an independent framework, this, with a will, can be up and running in a few short months.

Duncan Garvie

Founder and Trustee of BetBlocker/ADR Official

2mo

Having served in the same ADR role as IBAS in the UK, I've long been very uncomfortable with the limitations on ADRs being able to review responsible gambling related claims. At its core, ADR is intended to make dispute redress more accessible for the everyday consumer. The people who don't have the money or would be too intimidated to take a big business to court. ADR serves a really important role in this respect. But by limiting ADR's ability to review RG related claims we took the most vulnerable subset of consumers, those that would be least likely to be able to access the court systems, and stripped away the facilitation that we made for every other player. I'm not saying that ADRs are perfect. Like every human built system they make mistakes. But having some recourse for these vulnerable players would surely have been better than having none? I view the possibility of an Ombudsman as potentially welcome. I say "potentially" as I have firsthand experience of using the statutory ombudsman in the banking sector. 4 years without a ruling. If a gambling ombudsman was to mirror those low standards I see it as paying little more than lip service to consumer protections.

Neal Luke

Gambling Compliance Consultant - Supporting Betting and Gaming operators through everything regulatory - Neal@LukeARC.com

2mo

I have some concerns about the possible abuse of the system. I agree with every statement in your post Andrew, I just see the possibility for a double edged sword due to the consumers I have seen in the past attempt to circumvent self-exclusion to attempt to 'freeroll'. Of course consumer protection comes first and foremost, it will be interesting to see how it shapes out but time will of course tell.

Like
Reply
See more comments

To view or add a comment, sign in

Explore topics