UK Gambling Commission under investigation for inaction against Betfair
The UK Gambling Commission (UKGC) has been taken to court over its regulatory inquiry into Betfair, owned by Flutter Entertainment. This case follows the tragic passing of Luke Ashton, a gambler who became addicted and whose death highlighted severe regulatory failings. Luke Ashton, a 40-year-old man from Leicester, tragically took his own life in April 2021 leaving debts of around £18,000. In 2023, a coroner raised concerns that Betfair had missed opportunities to intervene and potentially prevent his situation from escalating, as his gambling habits had increased significantly before his death.
The tragic case of Luke Ashton
Luke Ashton was a long-time problem gambler who struggled with addiction. In the weeks leading up to his death, he spent entire days gambling with Betfair, a major online betting platform. A 2023 inquiry concluded that his gambling disorder significantly contributed to his passing. The coroner’s Prevention of Future Deaths (PFD) report warned that more gambling-related deaths could occur if substantial regulatory changes were not implemented.
Betfair’s alleged failings
The coroner’s report highlighted significant shortcomings by Betfair, such as ineffective player protection tools that failed to address clear signs of compulsive gambling, a lack of meaningful intervention to assess or stop Luke’s gambling activities, and flawed risk detection algorithms that were unable to identify high-risk gamblers effectively.
Despite the scathing report, the UKGC did not take action against Betfair. The regulator argued that prior interventions—putting Betfair in special measures between January and June 2021—had already resolved the issues.
However, the Commission later conceded that it had failed to fully consider the coroner’s report and agreed to reexamine its position. In November 2024, it once again refused to take action, citing difficulties in investigating the case due to the passage of time.
In response, the Commission said, “We vigorously disagree with any claims we have failed to regulate operators or protect people from harm adequately.”
Legal challenge against the UKGC
Unconvinced by the UKGC’s justification, Luke’s widow, Annie Ashton, is taking legal action against the regulator. She argues that the UKGC failed to protect vulnerable individuals under the Gambling Act 2005.
Annie Ashton stated, “The Gambling Commission’s refusal to act against Betfair after the serious failings exposed at Luke’s inquest is a dereliction of duty. The coroner’s findings were stark – Betfair failed to identify Luke as being at risk, failed to intervene and missed opportunities to save his life.”
Ashton further stated, “The Commission can’t regulate behind closed doors without being publicly accountable for its decisions and failures to hold the industry to account. The role of operators in gambling-related deaths must always be properly investigated.”
Annie’s legal team, headed by Merry Varney and solicitor Dan Webster, alleges that the regulator failed to conduct a thorough inquiry, relied on flawed reasoning, and allowed Betfair to evade accountability. Her legal team includes Helena Hart-Watson from Leigh Day’s Human Rights department and barrister Jesse Nicholls from Matrix Chambers.
Dan Webster said, “Having taken over 18 months after the conclusion of the inquest to consider the evidence and make a final decision, the Commission’s decision not to take regulatory action and the reasons given are entirely inadequate and deeply painful for Luke’s family. The failure to deliver any regulatory accountability or sanction for Betfair’s failings in Luke’s case is not only extremely disappointing for our client but raises serious concerns about the Commission’s ability to regulate the gambling industry effectively and to protect people from harm.”
