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Armed Forces (Service Complaints and Financial Assistance) Act 2015

Consolidated Text As Enacted Cited authorities 41 Cited in Amendments 24 Related
Vincent
JurisdictionUK Non-devolved
Citation2015 c. 19
(1) After section 365A of the Armed Forces Act 2006 insert—
    Service Complaints Ombudsman
    (365B) Service Complaints Ombudsman
  • “(1) The office of Service Complaints Ombudsman is established.
  • (2) The Ombudsman is to be appointed by Her Majesty on the recommendation of the Secretary of State.
  • (3) A person may not be appointed as the Ombudsman if the person is—
  • (a) a member of the regular or reserve forces, or
  • (b) employed in the civil service of the State.
The office of Service Complaints Ombudsman is established.The Ombudsman is to be appointed by Her Majesty on the recommendation of the Secretary of State.a member of the regular or reserve forces, oremployed in the civil service of the State.The Ombudsman holds and vacates office in accordance with the terms of his or her appointment.The Ombudsman may authorise a person working for the Ombudsman to exercise any function of the Ombudsman on his or her behalf.as the servant or agent of the Crown, oras enjoying any status, immunity or privilege of the Crown.(2) The office of Service Complaints Commissioner is abolished.(3) Accordingly, in the Armed Forces Act 2006, omit section 366 and the italic cross-heading immediately preceding it.(1) After section 340 of the Armed Forces Act 2006 insert—
    (Part 14A) Redress of service complaintsService complaints
    (340A) Who can make a service complaint?
  • “(1) If a person subject to service law thinks himself or herself wronged in any matter relating to his or her service, the person may make a complaint about the matter.
  • (2) If a person who has ceased to be subject to service law thinks himself or herself wronged in any matter relating to his or her service which occurred while he or she was so subject, the person may make a complaint about the matter.
  • (3) In this Part, “service complaint” means a complaint made under subsection (1) or (2) .
  • (4) A person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.
    • (340B) Procedure for making a complaint and determining admissibility
  • (1) The Defence Council may make regulations (referred to in this Part as “service complaints regulations”) about the procedure for making and dealing with a service complaint.
  • (2) Service complaints regulations must make provision—
  • (a) for a service complaint to be made to an officer of a specified description;
  • (b) about the way in which a service complaint is to be made (including about the information to be provided by the complainant) ;
  • (c) that a service complaint may not be made, except in specified circumstances, after the end of the specified period.
    • “Specified” means specified in the regulations.
If a person subject to service law thinks himself or herself wronged in any matter relating to his or her service, the person may make a complaint about the matter.If a person who has ceased to be subject to service law thinks himself or herself wronged in any matter relating to his or her service which occurred while he or she was so subject, the person may make a complaint about the matter.In this Part, “service complaint” means a complaint made under subsection (1) or (2) .A person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.The Defence Council may make regulations (referred to in this Part as “service complaints regulations”) about the procedure for making and dealing with a service complaint.for a service complaint to be made to an officer of a specified description;about the way in which a service complaint is to be made (including about the information to be provided by the complainant) ;that a service complaint may not be made, except in specified circumstances, after the end of the specified period.The period referred to in subsection (2) (c) must be at least three months beginning with the day on which the matter complained of occurred.for the officer to whom a service complaint is made to decide whether the complaint is admissible and to notify the complainant of that decision;for the Service Complaints Ombudsman, on an application by the complainant, to review a decision by the officer to whom a service complaint is made that the complaint is not admissible;for securing that the Ombudsman's decision in relation to admissibility, on such a review, is binding on the complainant and the officer to whom the complaint was made.the complaint is about a matter of a description specified in regulations made under section 340A(4) ,the complaint is made after the end of the period referred to in subsection (2) (c) and the case is not one in which circumstances referred to in that provision apply, orthe complaint is not admissible on any other ground specified in service complaints regulations.Nothing in this Part with respect to the provision that must or may be made by service complaints regulations is to be taken as limiting the generality of subsection (1) .by a person or panel of persons appointed by the Council, orby the Council themselves.to decide whether the complaint is well-founded, andto decide what redress (if any) , within the authority of (as the case may be) the person, the persons on the panel or the Defence Council would be appropriate, andto grant any such redress.the person is, or all the persons on the panel are, authorised by the Council to decide the matters mentioned in subsection (2) and to grant appropriate redress, orthe Council propose to authorise that person or those persons for those purposes.Provision made by virtue of subsection (1) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc) .Service complaints regulations must make provision enabling the complainant in relation to a service complaint to appeal to the Defence Council against a decision on the complaint, where the decision was taken by a person or panel appointed by virtue of section 340C(1) (a) .about the way in which an appeal is to be brought (including about the information to be provided by the complainant) ;that an appeal may not be brought, except in circumstances specified in the regulations, after the end of the period so specified;requiring the Defence Council to decide any question relating to whether an appeal has been brought before the end of the period referred to in paragraph (b) or (if not) whether circumstances referred to in that paragraph apply;by a person or panel of persons appointed by the Council, orby the Council themselves.The period referred to in subsection (2) (b) must be at least six weeks beginning with the day on which the complainant received notification of the decision appealed against.the person is, or all the persons on the panel are, authorised by the Council to determine the appeal and to grant appropriate redress, orthe Council propose to authorise that person or those persons for those purposes.Provision made by virtue of subsection (2) (d) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc) .it was not brought before the end of the period referred to in subsection (2) (b) , andthe case is not one in which circumstances referred to in that provision apply;for securing that the decision of the Ombudsman, on such a review, is binding on the complainant and the Defence Council.

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