My Lords, Amendments 1 and 2 relate to complaints about the treatment of a member of the Armed Forces who has since died. Amendment 2 would allow family members to bring a complaint about any wrong that they consider had been suffered by a serving or former member of the services who has died, but does not enable a representative of the person’s estate to pursue a complaint started before that person’s death. Amendment 1 would also allow family members to bring a complaint about any wrong that they consider had been suffered by a serving or former member of
the services who has died, and in addition allow family members or representatives of the person’s estate to pursue a complaint started before his or her death.
There are two types of complaints envisaged by the amendments where a service person has died: first, complaints made by a family member, next of kin or personal representative potentially concerning a range of matters in the past where the person affected has since died and, secondly, complaints about treatment or matters alleged to be connected with the death of the service person. In responding to these amendments, I shall set out as clearly as possible how we think that complaints can—and should—be handled in different circumstances involving a serving or former member of the services who has died.
I start by making clear the purpose and primary aim of the service complaints system. It is designed to allow people to bring complaints where they think that they have been wronged or mistreated in connection with their service. Service complaints are generally about that person and concern matters that affect them personally. As the complaint is a matter personal to the complainant, it is for that individual—if needs be, with support and advice—to decide whether to initiate and pursue a complaint through the redress process rather than do nothing or deal with the matter by way of informal resolution. As a consequence, an examination of their complaint needs that person’s involvement in the process.
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The aim of the system is to provide a correction, recompense or practical redress for the person feeling aggrieved. The difficulties in respect of these amendments regarding complaints made by others following the death of a service person therefore flow from the fact that the sort of things that the system deals with need the participation of the person alleged to have suffered, in order to find out exactly what is asserted and exactly what went wrong. Moreover, particularly in respect of complaints about matters unconnected with the death of a service person, Amendment 2 would allow a family member of a service person who has died to complain where it is not known whether the person who died actually wanted to make a complaint or whether in fact they may not have wanted to do so, or had already received some form of informal resolution.
In respect of complaints about treatment alleged to have been connected with the death, it should first be made clear that where there are concerns regarding the death of a service person, they should not be brushed off and may involve wider important issues. However, there are other mechanisms, rather than the service complaints system, for investigating the cause or matters connected with a death such as inquiries, inquests and criminal investigations. In addition, I emphasise that the service complaints system is not geared to dealing with criminality, ascertaining why someone died or broader issues regarding the services in general; it is there directly to assist the person making a complaint in respect of a personal grievance connected with their service.
Amendment 1 also deals with the ability of the next of kin or a personal representative to maintain a service complaint that has already been made. We
accept that there may well be certain matters where complaints have been made that can be resolved. Those matters will be ones where, first, it has been practically possible to start or continue an investigation and/or assessment of the subject of the complaint without the complainant. Secondly, there must be a practical outcome or form of redress that can realistically be awarded in response to an established wrong.
In reaching an assessment of the feasibility and value of continuing a complaint to completion and, if appropriate, redress, each case would have to be considered individually. Therefore, cases where there may be difficulties will be those involving accusations against a third party. This might cover complaints such as whether a person had been deliberately denied promotion or treated by an individual in a vindictive or unfair way. For any process to be fair, the person accused of wrongdoing must be able to understand exactly what is alleged so as to be able to respond. That is particularly true where reputations or future careers may be affected.
However, complaints that could well be followed through to completion will be likely to be those that deal with largely factual matters. They might, for example, cover a complaint that someone had not received the correct pay or allowances or certain pension entitlements. They might deal with matters such as leave and accommodation or redundancy payments. There may also, for example, be cases that involve accusations that others had deliberately withheld allowances. Usually, however, the matters at issue in such a complaint are largely factual and do not involve a third party when it comes to deciding whether the complaint is well founded; either the person was entitled to a particular payment or they were not.
Where a complaint of this sort was raised before the complainant died we would expect it to continue to completion and for redress to be made where appropriate, particularly as it would be in the spirit of the Armed Forces covenant to do so. It would be appropriate to honour the duty that we owe to those who have served their country and where it has consequences for their estate. The death of the complainant may mean that it is unnecessary to continue with such a complaint but, as I have already said, each matter would turn on its own facts and particular circumstances.
We all accept that the services are unique in our society and that service men and women and their families are entitled to be treated fairly. Although we do not think that it would be right for a general right to bring a complaint in relation to the service of someone who has died, some matters will be capable of completion while some will be able to be dealt with informally. A family could also of course raise any issues with their elected representative or an appropriate service welfare organisation and, through them, with the Ministry of Defence.
Treating families with concerns seriously, and being seen to do so, is also important if we are to maintain confidence in the Armed Forces more generally.