UKGC Hides Legal Advice on Football Index
Regulator cites legal privilege and data protection to withhold key information on the multi-million-pound consumer loss scandal, a Freedom of Information response reveals.
The UK Gambling Commission has refused a Freedom of Information request to release the legal advice it received prior to the collapse of Football Index. Citing legal privilege and data protection, the regulator is withholding the expert opinion that informed its oversight of the platform, which failed with an estimated £90 million in customer funds.
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UKGC Withholds Key Football Index Legal Advice
The UK Gambling Commission (UKGC) has refused to release the legal advice it received regarding the regulatory classification of Football Index, the betting platform whose collapse left customers with an estimated £90 million in trapped stakes.
A Freedom of Information (FOI) response published by the regulator confirms it is withholding the King's Counsel (KC) opinion that informed its oversight of the product, citing legal professional privilege and data protection concerns.
Context: A £90 Million Collapse
The collapse of BetIndex Ltd, trading as Football Index, in March 2021 was one of the most significant consumer protection failures in recent UK gambling history. The platform, which was licenced by the UKGC and marketed as a 'football stock market', went into administration, leaving thousands of customers unable to access their funds.
The incident triggered parliamentary scrutiny and an independent investigation by Malcolm Sheehan KC, which highlighted regulatory failings. The legal advice sought by the UKGC in the year before the collapse is seen as a critical piece of evidence in understanding how the regulator classified and supervised the complex betting product.
Details of the Refusal
The FOI request, dated 19 August 2025, asked for three key pieces of information:
- The identity of the KC who provided the legal advice.
- The dates the advice was sought and received.
- The full text of the written opinion.
In its response, which was upheld after an internal review, the UKGC refused the core requests.
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KC's Identity: The Commission withheld the name and chambers of the legal expert under Section 40 of the FOIA, arguing it constitutes personal data. The UKGC's review concluded that the individual's right to privacy and protection from potential abuse outweighed the public's legitimate interest in the matter.
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Legal Opinion: The full text of the advice was withheld under Section 42 (Legal Professional Privilege). The UKGC argued that disclosing the advice would damage its ability to seek "full and frank" legal counsel in the future and undermine the confidentiality required for third parties to share information. The Commission concluded that the public interest was better served by withholding the information to safeguard its internal processes.
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Dates Confirmed: The UKGC did confirm the timeline, pointing to the previously published Sheehan Report. The regulator instructed Counsel on 10 March 2020 and received the draft legal advice on 19 March 2020, a year before the platform's licence was ultimately suspended.
Significance for Consumers
The Commission's refusal to disclose the legal reasoning behind its approach to Football Index leaves consumers and campaigners in the dark. While the UKGC acknowledges the public interest in the case, its decision prioritises internal confidentiality and legal privilege over public transparency.
This lack of disclosure means crucial questions about the regulatory journey of Football Index remain unanswered. It is still not publicly known what legal rationale was used to classify the product, and whether the UKGC's actions were consistent with the advice it received. For consumers affected by the collapse and those concerned about the regulation of future 'innovative' gambling products, the decision reinforces concerns about accountability at the heart of the UK's gambling regulator.