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, allowing them to investigate a wider range of complaints and allegations, including those relating to undue delay, even before a formal complaint is made. The bill also makes consequential amendments to related legislation in Northern Ireland.

Description

The core changes center around strengthening the role of the Service Complaints Ombudsman. The Ombudsman's investigative powers are broadened to encompass:

• Complaints that have been formally determined.
• Allegations of maladministration in handling complaints (including undue delays).
• Allegations of undue delay even before a complaint is formally lodged.
• Allegations of undue delay in handling relevant service matters.

The bill clarifies who can apply to the Ombudsman, including those who raised a matter even if a formal complaint wasn't filed. It also defines "finally determined" complaints and specifies the purpose of investigations—to determine if complaints or allegations are well-founded and to consider appropriate redress or justice if necessary. The Ombudsman can investigate maladministration even if it arises during an existing investigation. The bill includes transitional provisions allowing the Secretary of State to make regulations for the smooth transition to the new system.

Furthermore, the bill amends legislation in Northern Ireland, specifically the Equal Pay Act 1970, the Sex Discrimination (Northern Ireland) Order 1976, and the Race Relations (Northern Ireland) Order 1997, to ensure that complaints procedures are aligned with the changes made to the Armed Forces Act 2006. This includes clarifying when a complaint should be treated as withdrawn.

Government Spending

The bill doesn't directly specify a cost or savings figure associated with these changes. The impact on government spending will depend on the volume of complaints received and the resources allocated to the Ombudsman's office to handle the expanded scope of investigations.

Groups Affected

The bill primarily affects:

• Members of the UK Armed Forces: They will have access to a potentially more effective complaints process, with a wider range of issues subject to investigation by the Ombudsman.
• The Service Complaints Ombudsman: Their workload and responsibilities will increase significantly.
• The Ministry of Defence: They will need to adapt their internal complaint-handling processes and potentially allocate more resources.
• Individuals in Northern Ireland facing discrimination: The changes to legislation concerning equal pay, sex discrimination and race relations will affect how complaints related to service in the armed forces are handled.

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