Armed Forces (Service Complaints and Financial Assistance) Bill — House of Commons, 2015-02-02
Topic: Defense
Anna Mary Soubry (Conservative, Centre-right): We have set up the Help to Buy scheme. I hope that my right hon. Friend will forgive me if I cannot remember the exact figures, but I think that the scheme has now received nearly 3,000 successful applications. It has been hugely successful. In my limited experience, if members of our armed forces think that something is good, it will spread like wildfire, and that seems to be happening. The attitude that the Government take is that people should have a choice. Not everyone wants to buy their own home—it does not suit everybody—but we must give every opportunity to those who want to do so, because we believe in a property-owning democracy I have mentioned the House of Commons Defence Committee, and I want to pay tribute to its work over many years in advancing the cause of putting in place a proper complaints system and a service complaints ombudsman. I look forward to the ensuing debate with members of the Committee. I am sure that we will agree on many things, and that we can work together on them Clause 1 creates a new service complaints ombudsman to replace the existing Service Complaints Commissioner. Clause 2 replaces the existing service complaints system with a new and improved framework. I believe that it should be the armed forces that are responsible for dealing with any complaints from service personnel. That is the right way to do it. It is for the services to ensure that complaints are dealt with fairly and that the appropriate redress is given when complaints are upheld. When something has gone wrong, it is for the services to put it right. It is their responsibility and no one else’s The role of the ombudsman should therefore be to ensure that the systems are working effectively and that complaints are properly dealt with. The ombudsman’s oversight of the system will also put them in a unique position to identify lessons for further improvement, which will benefit individuals and the services more widely. The service chiefs are content that the proposals set out in the Bill strike the right balance between creating strong and independent oversight and maintaining the authority of the chain of command. The former Service Complaints Commissioner was also fully involved in developing the reforms A central feature of the new system is that the service complaints ombudsman, unlike the current commissioner, will have a power to consider whether a service complaint has been handled properly. If the ombudsman considers that there has been maladministration, and potentially injustice, in the handling of a complaint, he or she will make recommendations to the Defence Council to put things right. This could include, for example, reconsidering the complaint or rerunning a particular part of the process. The Defence Council will remain responsible for any decisions arising from the ombudsman’s recommendations, but it would need to give rational reasons for rejecting any recommendation The Bill also makes other changes. It gives service personnel the right to apply to the ombudsman if they believe that the handling of their complaint has been subject to maladministration. It will reduce the number of appeal levels, which will speed up the process while remaining fair. It includes a new process of assigning a complaint to someone who has the authority to deal with it and give appropriate redress. It gives the ombudsman a new role at an early stage of the complaints procedure. When the chain of command has decided not to allow a complaint to be considered within the service complaints system because, for example, it is out of time or excluded on other grounds, a service person could ask the ombudsman to determine whether that decision was correct. A decision by the ombudsman will be final. The ombudsman will have a similar role in respect of appeals decided as out of time. The ombudsman will also retain the vital role of offering an alternative route for a serviceman or woman who does not wish, or is unable, to approach the chain of command directly, to have their concerns fed into the system. That is an important safeguard, especially where there are allegations of bullying or harassment Finally, the requirement to report annually on the operation of the system will remain, ensuring that there is proper accountability to Parliament. I just wish to re-emphasise that the ombudsman has access to any Minister and any member of any Committee in this place and also has the freedom to go to the media, should he or she wish to do so. So, over and above the annual report, they have an unshackled freedom to report without fear or favour their findings in relation to any particular grievance.