WIF0022

Written evidence submitted by Mariette Hughes, Service Complaints Ombudsman for the Armed Forces 

Introduction 

I welcome the opportunity to respond to the call for evidence in relation to a review one year on of progress made regarding women in the Armed Forces.  

As the Service Complaints Ombudsman for the Armed Forces, my role (and that of my team) is to provide independent oversight and investigations in support of an effective Service complaints process for members of the UK Armed Forces. Our vision is that all Service personnel have access to and confidence in a Service complaints system that is efficient, effective and fair.

Background

In my 2021 Annual Report I was still unable to say the Service Complaints system was efficient, effective and fair. While I had noticed some improvements, around fairness in particular, delay and an overall lack of confidence in the system remained key blockers to progress.

Delay is a concern: the Tri-Service KPI is that 90% of Service Complaints should be resolved in 24 weeks – however only 47% of cases were resolved within this timeframe last year. I also highlighted my concerns that in cases where a DB decision is appealed, the Service Complaint takes on average 75 weeks to be resolved[1]. Looking back at the data, no Service has ever achieved the timeliness target, and there has been no significant upward trend or improvement in this area. Early indications are that this situation will continue in the 2022 Annual Report.

In 2021 SCOAF received 83 applications requesting an investigation into alleged undue delay, with 68 of those applications eligible for investigation. SCOAF found undue delay in 57% of investigations completed. I note the HCDC Report: Women in the Armed Forces also highlighted delay, something which has been an ongoing theme since the establishment of the Ombudsman back in 2016.

The HCDC report also highlighted that “BHD complaints on average exceed the 24-week KPI”. While the Services do provide a monthly “red flag” update on cases which have exceeded the 24-week KPI, this only tells us half the story. In order for myself and the Services to really understand the cause of delay and have greater transparency of Service Complaints we need to go a step further, which was why I made recommendation 6.2 in my 2021 Annual Report which asks the Services to provide a quarterly update on open Service Complaints and what is being done to progress them.

It is important to note that many people cite the length of time taken to complete the Service Complaints process as a reason as to why they did not/would not complain. Too many individuals are choosing not to raise complaints because they know it will take so long to resolve (average resolution time of 37 weeks in 2021). Until and unless complaints are handled in a timely fashion, this will remain a barrier to all personnel accessing the system.

In my 2021 Annual Report I noted the overrepresentation of women within the Service Complaints system, with female personnel representing 12% of personnel, but 23% of Service Complaints.  This has become a reoccurring theme in Annual Reports.  In 2016 my predecessor, Nicola Williams, highlighted her concern in relation to diversity in her 2016 report noting “The disproportionate representation of female and BAME personnel as complainants (21% and 10%) compared to representation in the Armed Forces (11% and 7%) not only continued for the third consecutive year, but actually increased for female personnel. Bullying, discrimination and harassment were more commonly the cause of complaints for these groups.”

This led to recommendation 1.10 which asked that the Ministry of Defence commission a study into the root causes of overrepresentation of women and BAME personnel in the UK Armed Forces. An initial internal study was undertaken, and the findings showed there was reduced confidence in the system, however no further work has been done to understand how confidence could be improved.  The introduction of the Central Admissibility Teams alone will not fix the Service Complaints system as it is currently designed. To date this recommendation remains open. 

How much change has there been in the last year, when it comes to improving the experiences of female Service personnel and/or female veterans?

From the perspective of Service complaints, my general view is that there has not been enough visual change or focus put on improving the experiences of female personnel, in order to provide them with trust and confidence in the system and support them in coming forward.

Over the course of this year I have conducted a number of outreach visits, presentations and focus groups. At these events I have been directly approached by female personnel who have shared their concerns around the system. Many reported having been ostracised for raising complaints, and report having been warned that their careers will be impacted. This is also reflected in the Services own sexual harassment surveys – for example, the Army’s 2021 Sexual Harassment Survey showed that 60% or Service personnel at unit level thought it moderately/very likely that someone raising a complaint would be labelled as a troublemaker, with 56% thinking the individual’s career would suffer[2].

We have also seen a number of examples of individuals being given incorrect advice around Service Complaints – the result of which is that they did not submit a complaint within the correct timeframe and feel they have now lost the opportunity to raise this matter.

Female personnel who responded to SCOAF’s investigation survey reported being denied support and guidance on complaints, and intentionally isolated. Comments were also received about a lack of basic knowledge or visibility as to how to raise a service complaint in units. Other responses referenced being viewed as a troublemaker even though complaints were upheld, and a lack of action taken against individuals.

In relation to delay, it is disappointing that our recommendation made in 2016 relating to the need to evaluate the KPI has not been completed, despite an agreement from single Service Chiefs and the Executive Committee that there is a need to reduce the time taken to resolve complaints. From SCOAF’s investigation reports this year, a high proportion of our wider learning points still comment on the need to provide meaningful updates to the parties during a complaint – investigations are taking too long, and individuals do not have the assurance that their complaint is being dealt with and progressed.

The Women in the Armed Forces report recommended that the MOD make the recommendations of the Ombudsman binding, with a timescale and action plan. I note the MOD’s response to this matter as it relates to recommendations on cases and I do not take issue with this. In relation to recommendations made in Annual Reports, I accept that Defence may not consider that they are able to accept these recommendations, and must publish a reason should they not be followed. However, it is also important that those recommendations that are accepted are progressed promptly, and that any agreed actions relate directly to the purpose and intention of the original recommendation. Whilst there has been progress against open recommendations, a number of these do remain unresolved.

Whilst Defence has not created a central team to manage serious bullying, harassment or discrimination complaints, the creation of the D&I Directorate is welcome. In relation to the recommendation to take BHD complaints out of the SC system entirely, I have concerns that this would create confusion and a higher administrative burden, and would actually further damage the experience of complainants. My view is that the focus should be on ensuring that the current system deals with these complaints appropriately.

Looking to cultural changes more widely, there is still a lack of women in senior roles, however I am hopeful that appointments such as Maj Gen Sharon Nesmith to the role of DCGS will start to send the right message. More can and should be done to highlight the opportunities available for women, but also to discuss frankly the issues faced by women in progressing their careers within the armed forces. The progress made in securing improved body armour is also welcomed.

However, the progress made does not mask the fact that there are still issues facing women in the armed forces. The AFCAS survey, in addition to the single Service Sexual Harassment Surveys show that a concerning number of female personnel say they have experienced sexual harassment. In the 2022 AFCAS survey, 14% of all female personnel reported being subject to sexual harassment in a Service environment in the last 12 months, compared to less than 1% of male personnel[3]. This represents a 3% increase from the previous year. In addition, there have been a number of news stories in the last year highlighting some of the most concerning behaviours.

What specific changes are you aware of?

This year has seen the piloting of the Outsourced Investigation Service – the full benefits of which remain to be assessed. Whist I welcome this pilot, my experiences in discussing this approach have been focused on the reduction in delays as opposed to an added layer of independence. The requirement to appoint an independent member to appeal panels where bullying, harassment or discrimination is alleged is welcomed – however it should be noted that three quarters of cases are resolved at DB level and therefore do not benefit from this.

The introduction of Centralised Admissibility Teams has removed the Chain of Command from the decision making process as to whether or not complaints are admitted for investigation. Whilst the Chain of Command does have an important role to play in the informal resolution of grievances and providing support to their personnel, it is important that the process for formally deciding admissibility sits outside of this chain – so this change is welcomed. Initial indications are that the number of Service Complaints submitted has risen sharply across all three Services following the implementation of the new system. This may well support a level of increased confidence in coming forward, now that complaints do not have to be formally submitted to the Chain of Command.

There are a number of other initiatives in place across all three Services designed to improve the handling time for Service Complaints, and to improve the user experience for the system. These include the RAF’s electronic Complaint Submission Form, increased staffing in single Service secretariats, utilisation of the outsourced investigation service, and an increase in the number of available decision makers. Whilst not specifically targeted at female personnel, I welcome any initiatives that improve the operation of the system as a whole.

Another SC reform change reduced the timeframe for appealing DB decisions from 6 weeks to 2 weeks. I expressed my concern about this change, and this position was mirrored in the Women in the Armed Forces report. Whilst the MOD response indicated that individuals would simply have to indicate their intention to appeal (and on which grounds) during this timeframe, the suggested template for bringing an appeal (Annex G, JSP 831 Part 2) does require the complainant to present their full grounds and evidence, and any reasons for not doing so within the prescribed time limit. I therefore remain concerned that this places a burden on the complainant to gather evidence and articulate their appeal in a disproportionately short time frame, particularly in comparison with the overall time taken by the Services to resolve complaints and issue decisions.

Are there areas where you hope to see more change? Do you see ‘easy wins’ for the Services/MOD?

More focus should be placed on the impact felt by those who experience inappropriate behaviours (whether raising a Service Complaint or not), and ensuring they have the correct access to welfare support. Any changes to policies or processes should be carried out in the understanding that there are real people affected by these issues, and efforts should be made to explicitly recognise this. 

The importance of training cannot be understated – better levels of awareness and understanding in all those who deal with grievances and complaints would make a huge difference to perception and experience of the Service Complaint system. Widening the availability of female Decision Bodies, Appeal panel members, and Assisting officers would go a long way to ensure female personnel feel supported and comfortable in raising their complaints. It should also be noted that a training needs analysis for those involved in the Service Complaints system remains an open recommendation from SCOAF’s previous Annual Reports.

Those involved in Service Complaints should be empowered to think outside of the process when considering how issues can best be resolved. There may be exceptional situations where new or alternative approaches should be considered for example, increased phone contact or specific allocation of female caseworkers in response to individual needs– I would support this, provided it is in the best interests of those involved, and that it follows the principles of good complaints handling.

More could be done to explicitly address the issues of ‘banter vs bullying’, and to make clear what is not appropriate. Examples should be provided of cases where the Service Complaint system has supported female personnel raising complaints about inappropriate behaviours, in upholding complaints and providing appropriate outcomes, to further drive confidence in the system. I note that the response to the Women in the Armed Forces report indicated that anonymous case studies would be published, however it is unclear whether this has yet taken place.

What has helped or hindered change?

From SCOAF’s perspective the inability for the Ombudsman to undertake thematic reporting means that we are unable to look in depth into some of the issues that female personnel are facing, and how this affects their interaction with the Service Complaint system. Furthermore, while we have powers to investigate undue delay in specific cases, this doesn’t give us the scope to actively investigate the route causes of delay, or to direct specific action to ensure progress on cases continues.

The time taken to implement change remains a key concern, particularly in the context where many of the issues affecting the Service Complaint system have been widely known for some time. There have been a number of high profile reports[4] on these issues, and whilst appreciating that large scale cultural changes take time, the perception is that not enough is happening to address the issues. From my own experience and that of my predecessor, the number of open SCOAF recommendations remains disappointing, and this sends out the wrong message to those who wish to raise a Service Complaint.  

Lack of resource within the Secretariats will remain an issue, particularly taken against and increased number of Service Complaints. The system needs to be able to operate efficiently to keep up with demand. As stated in the 2019 Annual Report, ‘When looking at the issue of resource, consideration should not only be given to the number of people required to do the job but how to streamline processes and maximise efficiency without impeding on quality’[5].

From my meetings with the Chiefs and senior stakeholders, it’s clear there is a desire to make improvements, but it’s less clear how these changes are filtered down to those who would need to undertake/implement the change and whether those “charged” with making change are held to account for not delivering/or lengthy delays.

16th October 2022