In July 2024, the Ministry of Defence launched a Strategic Defence Review to consider how "to make Britain secure at home and strong abroad for decades to come". The review sought views from experts "including military personnel, industry and academics". The Veteran Law Project responded in terms of the challenges faced by those most seriously harmed while serving in the UK armed forces.
Submission
In 2023, the MOD identified a need to improve its approach to its People. When considering retention, we must consider the treatment of those harmed on duty. All wish them to be helped back to the best fitness they can attain and, hopefully, to their regular military role. But what of those whose injury is significant enough to warrant a claim under the Armed Forces Compensation Scheme (AFCS)? Does the MOD believe the AFCS scheme is being properly administered and that they are correctly implementing the legislation and relevant legal decisions?
Let’s look at the 2023/24 statistics:
- 6,948 serving personnel AFCS claims submitted
- 2085 received a payment (30%)
- 400 requested a reconsideration
- 125 of reconsiderations led to an increased award
- 325 appealed the reconsideration decision
- 100 of those appeals led to a new award or an existing award increasing
Because claims, reconsiderations and appeals take so long, we can’t directly compare those figures. However, we can approximate:
- 5.7% of AFCS applicants requested a reconsideration, i.e. they felt strongly enough that the original decision was incorrect, and they challenged it
- Amongst those reconsiderations cleared 2023/24*, 31% led to an increased award
- Of those appeals cleared in 2023/24*, 30% led to an increased award
From the MOD’s perspective, “only” 225 AFCS awards in 2023/24* were increased at reconsideration and appeal stages, just 3.2% of all service personnel AFCS claims that year.
From the serving personnel’s perspective, they must submit the compensation claim to their current employer, stating why their harm was caused by their service. Only 3.2% of personnel serving in 2023/24 did so. There is enormous pressure to not do so and “to not turn your back on your mates”. And then, when a claim has been submitted, 93% of claimants don’t challenge the initial decision, maybe due to a lack of knowledge, time, resources or additional fear of harming their career.
Personnel are used to following orders. Challenging decision-makers is not a military characteristic as developed as it could be.
Let’s consider all AFCS claims submitted from 2005/6 to 2023/24 (n. 127,414). Then those that went through the reconsideration and appeal processes and had their appeal heard (n.11.035). Of those appeals: new awards (n.1275), increased awards (n.2075), favourable reconsiderations (n. 2,315) or maintained at same level (n. 5,180). i.e. 51% of appeals led to the award increasing. In fact, only 55 appeals led to a decreased award.
We can’t extrapolate from those appeal figures to say that half of all AFCS claims were under awarded. But, we can say that many were. And that many personnel never submitted a claim in the first place. Even if a quarter of all personnel who had a valid AFCS claim were underpaid, that’s 30,000 personnel denied justice. And probably angry about their treatment, which could have potential effects on military recruitment through their influencing their friend and family social networks.
We would greatly appreciate discussing matters related to the above with the Strategic Defence Review panel.
Notes
- Originally submitted 30 Sept 2024
- * indicates three date periods corrected to 2023/24 from original 2022/23
- Hyperlinks added since submission (option not available via online form)
References
Ministry of Defence (2023) Policy Paper- Defence Command Paper 2023: Defence’s response to a more contested and volatile world, https://www.gov.uk/government/publications/defence-command-paper-2023-defences-response-to-a-more-contested-and-volatile-world
Ministry of Defence (2024a) The Strategic Defence Review https://www.gov.uk/government/collections/the-strategic-defence-review
Ministry of Defence (2024b) Armed Forces Compensation Scheme statistics: financial year 2023/24, available at:
