Overview

This bill amends the Armed Forces Act 2006, significantly altering the service complaints process for members of the UK Armed Forces. It expands the powers of the Service Complaints Ombudsman, streamlining the complaints process and providing clearer pathways for redress. The bill also makes consequential amendments to related legislation in Northern Ireland regarding equality and discrimination.

Description

The bill primarily focuses on enhancing the role and powers of the Service Complaints Ombudsman. Key changes include:

• Expanded Investigative Powers: The Ombudsman can now investigate not only finally determined service complaints but also allegations of maladministration (including undue delay) in handling complaints, even those not yet finally determined, and allegations of undue delay in handling relevant service matters.
• Wider Applicant Scope: The bill allows individuals who raised a matter, even without a formal complaint, to apply to the Ombudsman if there's been undue delay.
• Clarified Investigation Purpose: The bill clarifies the purpose of investigations, specifying whether it's to determine if a complaint is well-founded and what redress is appropriate, or whether an allegation of maladministration or undue delay resulted in injustice.
• Northern Ireland Amendments: The bill amends the Equal Pay Act (Northern Ireland) 1970, the Sex Discrimination (Northern Ireland) Order 1976, and the Race Relations (Northern Ireland) Order 1997, to align them with the changes to the service complaints process. This clarifies how complaints under these acts are handled in relation to Armed Forces personnel.
• Transitional Provisions: The Secretary of State is empowered to make regulations for a smooth transition to the new system, addressing pre-existing complaints.

Government Spending

The bill doesn't directly provide figures on government spending. However, it is expected to lead to increased administrative costs associated with the expanded role of the Service Complaints Ombudsman and the potential for more investigations and redress. Conversely, potentially reduced legal costs associated with resolving complaints outside of court could offset these increases. Precise financial impact will depend on the number and types of complaints received.

Groups Affected

• Members of the UK Armed Forces: Will experience a potentially quicker and more effective complaints process with expanded access to the Service Complaints Ombudsman.
• Service Complaints Ombudsman: Will have significantly increased responsibilities and workload.
• Ministry of Defence: Will need to adapt to the new complaints procedure.
• Individuals in Northern Ireland with equality-related complaints against the Armed Forces: Will benefit from a clearer and more streamlined process for their complaints.

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