The Armed Forces Covenant Legal Duty Extension: What it means for Bodies in scope
Why is the Covenant Legal Duty changing?
This Government made a manifesto commitment to implement the Armed Forces Covenant fully into law to strengthen support for the Armed Forces community and renew the contract with those who serve and have served.
The Legal Duty extension, once enacted, will fulfil this commitment and place the Armed Forces community at the heart of decision making.
What is the Armed Forces Covenant?
The Armed Forces Covenant represents the nation’s promise to treat the Armed Forces community fairly. It applies to all those who serve or have served in the Armed Forces, the bereaved and their families.
What are the Covenant principles?
The Covenant is based on two key principles:
- Those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services.
- Special consideration is appropriate in some cases, especially for those who have given most such as the injured and the bereaved.
What is the current Legal Duty?
The Armed Forces Covenant core principles (as above) were enshrined in law in the UK through the Armed Forces Act 2011. Since 2022, the legal duty to give due regard to the needs of the Armed Forces community has applied to local authorities, state funded schools and NHS bodies in their delivery of housing, education and healthcare. The Legal Duty is a legal obligation that affected organisations must abide by when exercising functions in specific policy areas.
Who benefits from the Legal Duty and will this change?
The duty applies to the members of the regular and reserve forces, former members of His Majesty’s forces (veterans) who are ordinarily resident in the UK, relevant family members of both cohorts and the bereaved.
The duty will continue to benefit the above cohorts.
What will change and how is it different to the current Legal Duty?
Currently, the legal obligation to give due regard applies to local authorities, governing bodies of state-funded schools, and various NHS bodies in some specific policy areas within housing, education, and healthcare.
The Covenant Legal Duty will remain as a duty of due regard to Covenant principles but will increase the scope of those obliged to follow the duty and cover more policy areas. Each policy area covered will also be much broader.
The extension of the Legal Duty will encompass all UK Government Departments and Devolved Governments, and the following policy areas:
- Housing
- Education
- Healthcare
- Social care
- Childcare
- Employment and service in the armed forces
- Personal taxation
- Welfare benefits
- Criminal justice
- Immigration
- Citizenship
- Pensions
- Service-related compensation
- Transport
What is “due regard”?
Due regard means actively considering the Covenant when developing, delivering and reviewing policies and decisions that may impact the Armed Forces community. It means placing appropriate weight on the Covenant principles when all relevant factors are considered.
It does not mean that any particular conclusions have to be reached, or specific public service delivery outcomes achieved. Section 1F of the statutory guidance provides a further explanation.
Why doesn’t the Legal Duty define outcomes to be achieved for the Armed Forces community?
The Legal Duty is deliberately flexible. This is to ensure that the bodies subject to the duty are able to make decisions on service delivery that are right for their local context and circumstances.
If the Covenant and the Legal Duty imposed UK-wide minimum standards for service delivery to the Armed Forces community, in some places this could potentially disadvantage members of the general population with more need, given the different make up of local communities around the UK.
How does the new Legal Duty impact me?
If you are employed by a UK Government Ministerial Department or a Devolved Government you will be legally obliged to have due regard to the Covenant principles. This will apply when exercising any function within the policy areas specified above. It is good practice to record that decision and the justification behind it. Departments should take similar action to that of the Public Sector Equality Duty.
Examples of functions are: Making decisions about individual members of the Armed Forces Community; planning, funding, and delivering services; overseeing other organisations, such as arm’s-length bodies; reviewing a relevant policy; enacting legislation; setting standards; issuing guidance; providing accountability frameworks; and collecting, analysing, and publishing data.
How will the new Legal Duty benefit the Armed Forces community?
The broad approach taken with the new Legal Duty will place the Armed Forces community at the heart of decision making across the nation in the most pertinent policy areas. Ensuring the Armed Forces community is woven into the fabric of our policy decisions. And, marks a step closer to delivering the nations promise to ensure the Armed Forces community does not face service-related disadvantage.
How can we better support the Armed Forces community?
Your Government Department or Devolved Government can make big or small changes in support of the Armed Forces community. For example:
- Your department’s employment of reservists, veterans, and partners of currently serving personnel: Are there measures you can announce to make it easier for partners of currently serving personnel who work in your department to maintain that employment when they’re re-located around the country by the Armed Forces?
- Guidance you issue to other bodies: Can you review, update, or relaunch any guidance you issue to other bodies to add explicit consideration of the Armed Forces, to encourage the other bodies to remove disadvantage for the Armed Forces, or to improve their understanding of life in the Armed Forces?
- Improving understanding of Armed Forces issues: Could you announce a review of issues facing the Armed Forces in one of your policy areas, and how they could be resolved?
Who will support me?
The Ministry of Defence (MOD) will be providing training materials, webinar training sessions, downloadable resources and updated statutory guidance. These will help organisations comply with their legal obligations.
The MOD will continue working with other departments, devolved governments, and local authorities to highlight successes and improvements.
Is the Covenant Legal Duty a one-time requirement?
No, the Covenant Legal Duty is an ongoing obligation for public bodies. You should regularly review policies and services to ensure they effectively meet the Armed Forces community’s needs.
If my organisation does not comply with the Covenant Legal Duty what will happen?
The Armed Forces community should initially pursue complaints through the public body’s or organisation’s existing procedures. Should the complaint remain unresolved, the relevant Ombudsman may consider the matter. Finally, an individual can challenge non-compliance through Judicial Review if the application meets the necessary legal criteria.
How does this link to the recent VALOUR announcement?
VALOUR is a new commitment to establish the first-ever UK-wide approach to veteran support. A new VALOUR HQ within the MoD, a network of field officers, regional VALOUR-recognised support centres, and development funding to support local delivery will be established, overseen by the Office for Veterans’ Affairs. VALOUR will foster the enterprising spirit of charities, better connect local and national services and ensure veterans’ support is data driven.
VALOUR field officers will work with local services including local government bodies, to share best practice and guidance as to how the principles of the Covenant can be applied. Initially this will apply to the veteran population, and VALOUR is designed to be scaled up to support the wider Armed Forces community in the future.