A pledge to protect the Armed Forces Community as the Government delivers on manifesto commitment: Military personnel, their families and veterans are to have their unique circumstances legally protected by central government for the first time under new plans announced by the Prime Minister.
It comes as the Government confirms plans for the first time that all government departments will have to legally consider the needs of the Armed Forces community when making new policy.
The Families Federations have been advocating for this extension to the Covenant to fully support Armed Forces personnel and their families.
More details of the legal duty will be set out in due course but could include initiatives such as extending travel benefits to the families of veterans and the bereaved, or flexible working for partners of serving personnel who are required to move as part for their role in the Armed Forces.
FAQs for Families
Why are we extending the Covenant Legal Duty?
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 is a promise by the nation ensuring that those in the Armed Forces community are treated fairly.
The Armed Forces Covenant is not just for serving personnel, it applies to all those who have served, the bereaved and their families. It is a commitment to recognising the unique sacrifices that you make.
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, including the bereaved, 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 does the Armed Forces Covenant not do?
The Armed Forces Covenant does not give preferential treatment to members of the Armed Forces, veterans, the bereaved or families. Instead, it aims to ensure that you are not disadvantaged compared to the rest of the population due to service in the Armed Forces.
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 members of the Armed Forces community who are 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 all of the Armed Forces community.
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, 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?
The Covenant Legal Duty will require all Government Departments and Devolved Governments to give due regard to the Covenant principles during policy development and decision making. This means that your needs are taken into consideration right from the outset of policy development in the areas specified above. This is a significant step towards ensuring the Armed Forces community are protected from service-related disadvantages.
When will all Government Departments and Devolved Governments be legally required to give “due regard”?
It is our ambition to include these statutory changes in the next Armed Forces Bill, which is required every five years to continue to have an Armed Forces.
How will the new Legal Duty benefit Armed Forces Families?
The broad approach taken with the new Legal Duty will place Families and the Armed Forces community at the heart of decision making across the nation in the most pertinent policy areas. This ensures that Armed Forces Families are integrated into policy decisions, helping to deliver the nation’s promise to prevent service-related disadvantage. Again, all Government Departments and Devolved Governments will be required to consider Armed Forces Families and the wider Armed Forces community right from the outset of policy development to delivery and decision making.
How has the Armed Forces Covenant helped Armed Forces Families?
The Armed Forces Covenant has initiated several positive changes for the Families of members of the Armed Forces:
- 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 the legal flexibility to maintain these plans even when a child temporarily leaves England- a key outcome of close work between the MOD and the DfE, and an important step for Armed Forces families.
- To protect State Pension entitlements, partners of Armed Forces Personnel may be able to claim National Insurance Credits if they accompany Serving Personnel posted overseas.
The extension of the Legal Duty to a wide range of crucial policy areas and to all Government Departments and Devolved Governments will expand the support offered to Families in the vital policy areas specified above.
What can I do if I think a Government Department, Devolved Government or Local Authority is not upholding the Covenant Legal Duty?
You should initially pursue complaints under the public body’s/organisation’s existing challenges and complaints procedures. If the matter is still unresolved then the relevant Ombudsman may be able to consider the matter. Finally, the opportunity to challenge an alleged failure to comply with the duty by way of Judicial Review against the public body/organisation exists, should an application for review meet legal criteria.
Is the Covenant Legal Duty a one-time requirement?
No, the Covenant Legal Duty is an ongoing obligation for public bodies who are required to continuously review and assess policies and services to ensure they are meeting the needs of the Armed Forces community effectively.
Where can I find further information?
The Armed Forces Covenant website, www.armedforcescovenant.gov.uk, has further information and provides regular updates on the legal duty extension for you to keep up to date with.