The Armed Forces Covenant Legal Duty Extension: What it means for the Armed Forces Community
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 Armed Forces Covenant 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, 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.
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 communities around the UK.
How does the new Legal Duty impact me?
If you are a member of the regular or reserve forces, a former member of His Majesty’s forces (veteran) residing in the UK, a relevant family member, or a bereaved individual, you will benefit from the Covenant Legal Duty.
The Legal Duty will require all Government Departments and Devolved Governments to give due regard to the Covenant principles during policy development and decision making. Your needs will be taken into consideration from the outset of policy development in the areas specified above. This marks a significant step towards protecting the Armed Forces community from service-related disadvantage.
How will the new Legal Duty benefit the Armed Forces community?
The Duty extensions broad approach places the Armed Forces community at the heart of decision-making across key national policy areas. Ensuring, that 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 has the Legal Duty helped the Armed Forces community?
In its current form, the Covenant Legal Duty has initiated several positive changes for the Armed Forces community:
- The National Health Service (NHS) created dedicated pathways to ensure veterans access support tailored to the unique needs of the Armed Forces community.
- To support Armed Forces children with Special Educational Needs and Disabilities (SEND) facing service-related disadvantages from frequent moves, the DfE recently published non-statutory guidance for Local Authorities on handling Education Health and Care Plans (EHCP) for children with SEND moving in or out of their area. Crucially, it clarified that Local Authorities have legal flexibility to maintain plans, even when a child temporarily leaves England.
Extending the Legal Duty will expand support offered to the Armed Forces community. And, will help tackle service-related disadvantages across key policy areas.
What can I do if I think a Government Department, Devolved Government or Local Authority is not upholding the Legal Duty?
You should initially pursue complaints under the public body’s/organisation’s existing challenges and complaints procedures. Should the complaint remain unresolved, the relevant Ombudsman may consider the matter. Finally, you can challenge non-compliance through Judicial Review if the application meets the necessary legal criteria.
Is the Covenant Legal Duty a one-time requirement?
No, the Covenant Legal Duty is an ongoing obligation. Relevant Bodies should continuously review policies and services to meet the Armed Forces community’s needs effectively.
How does the recently announced VALOUR support the Armed Forces Covenant?
VALOUR is a new commitment to establish the first-ever UK-wide approach to veteran support. It will foster the enterprising spirit of veteran 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 new support system will apply to the veteran population, aiming to bridge the gap between the support currently available to veterans, which can be varied dependent on where you live. This is because the majority of support is delivered through local authorities and Devolved Governments, compared to serving personnel, who generally receive a standardised level of support network through the MoD. This will establish a more uniform standard of care across both groups. It will be designed to be scaled up to support the wider Armed Forces community in the future.