Source · Select Committees · Defence Committee
Recommendation 4
4
Accepted
Inconsistent implementation of the Covenant Legal Duty across the UK.
Conclusion
Implementation of the Covenant Legal Duty varies considerably across the UK. In some places the Legal Duty has resulted in the creation of new policies and initiatives that have tangibly improved the lives of the forces community; in others the Duty appears to have changed very little. As a result, people’s experiences of the Covenant are very different depending on where they live, which services or organisations they interact with and which individual member of staff in an organisation they speak to. This is frustrating for people in the forces community, and gives them the impression that the Covenant is a hollow commitment. The Government wants to expand the scope of the Covenant, and we understand the reasons 26 for this. However, equal attention must be given to ensuring that the Legal Duty is consistently and appropriately applied and translates into better outcomes for people in the forces community. (Conclusion, Paragraph 20)
Government Response Summary
The MOD acknowledges varied implementation and plans to provide training materials, webinars, resources, and updated statutory guidance to help organisations ensure consistent application and compliance with the Covenant.
Government Response
Accepted
HM Government
Accepted
The MOD agrees with the conclusions at Paragraphs 13 and 20. The MOD welcomes the Committee’s assessment of the Armed Forces Covenant. Covenant and we recognise that the application of the Covenant principles varies across the UK. We are also aware that these inconsistencies may result with some members of the Armed Forces community experiencing challenges. The MOD thanks the Committee for its recommendation at Paragraph 21. We acknowledge the crucial role consistent implementation has in delivering the Armed Forces Covenant and maintaining consistent application of its principles UK wide. of the application of the Covenant principles is the misunderstanding of what the Covenant Legal Duty is and what it does. The extension of the Legal Duty across a broad range of policy areas and wider government will increase education and awareness of the unique nature of service. It should, however, be noted that the Legal Duty is deliberately flexible and does not mandate outcomes. This ensures service providers retain their ability to honour the Covenant in the way most suited to local needs. Imposing UK-wide minimum standards for service delivery to the Armed Forces community would not be appropriate as they could potentially disadvantage members of the local general population with more need. The MOD is committed and will continue to commit to working with Other Government Departments (OGDs), the Devolved Governments, Local Authorities and the Third Sector to help raise awareness of the issues faced by the Armed Forces community. Between May and August 2024, the MOD conducted a Covenant Legal Duty Impact Survey, which was published in the Armed Forces Covenant Annual Report 2024.1 Organisations targeted included Local Authorities, NHS bodies, and state funded schools and colleges across the UK. 210 responses were received and over two-thirds of the Local Authorities and NHS bodies which responded said their understanding of both the Covenant and the impacts of service life had increased because of the introduction of the Legal Duty. Existing policies, such as the Service Pupil Premium administered by the Department for Education (DfE) and the recent decision by the Home Office to waive visa fees for non-UK veterans with over four years of service, demonstrate positive steps in supporting Service families and veterans. However, we acknowledge that further efforts are needed to enhance support for the Armed Forces community. We will continue to engage with OGDs to ensure our Armed Forces community do not face disadvantage and to reinforce the government’s dedication to reaffirming its commitment to those who have served. 1 Armed Forces Covenant Annual Report 2024 – GOV.UK As part of embedding the Covenant fully into law, and the MOD’s approach to tackling inconsistencies of outcomes, the MOD will be providing training materials, webinar training sessions, downloadable resources and updated statutory guidance. These will help organisations comply with their legal obligations, by providing uniformed templates to record decisions taken. Additionally, the MOD host an annual conference which invites Armed Forces Covenant. The MOD regularly engages with Local Authority Champions in a range of forums to share their work and knowledge with others. Covenant pledge, the Defence Relationship Management conduct initial due diligence checks on all organisations who register as either covenant signatories, or through the Defence Employer Recognition Scheme (DERS). If an organisation is alleged to have failed to uphold the values, they have agreed to, the MOD has policy in place to assess their continued suitability, known as the ‘Covenant Test’. The future of the Covenant