AFC0068
Written evidence submitted by the Ministry of Defence.
1. The Ministry of Defence (MOD) welcomes the scrutiny of the Armed Forces Covenant through the Defence Committee Inquiry, we also welcome and thank you for the opportunity to provide evidence about the Covenant, the Covenant Legal Duty and their application within the UK for the Armed Forces community.
2. Members of the Armed Forces community rely on public services in the same way as civilians, but accessing them can be challenging due to Service life. Furthermore, the stresses and pressures of the job can endure long after Service personnel and their families return to civilian life. They will often have different experiences when accessing and using day-to-day public and private services in the UK when compared to the general population. This is where the Covenant comes in.
3. This document sets out our findings against each of the areas of evidence that the Committee has requested. The MOD can provide further evidence and detail to the Committee as required.
4. The Armed Forces Covenant is a promise by the nation for the Armed Forces community.[1] Its two underlying principles are that, recognising the unique obligations of, and sacrifices made by, the Armed Forces:
a) Those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families, including the bereaved, should face no disadvantage compared to other citizens in the provision of public and commercial services.
b) Special consideration is appropriate in some cases, especially for those who have given most such as the injured and the bereaved.
5. The Covenant was first published in this form in 2011, and since then, it has been UK Government policy, implemented by Government departments. The Devolved Governments also implement these principles. In addition, more than 12,500 organisations from the public, private and charity sectors have also signed their own pledge to implement these principles .[2] This approach has led to many initiatives to improve the lives of the Armed Forces community, and significant improvement in service provision to the Armed Forces community. Some of these improvements are outlined in the next section.
6. The Covenant Legal Duty came into force in November 2022. It applies across the whole UK, and places a legal obligation on certain public bodies, primarily at the local level. Included are local authorities, governing bodies of state-funded schools, and various NHS bodies. The obligation on these bodies is to have due regard to the Covenant principles when making decisions and policies about:
a) Healthcare: (1) provision to the general population of NHS Primary Care, NHS Secondary Care, and local authority-delivered healthcare services; (2) planning and funding of these services; and (3) co-operation between bodies and professionals providing these services.
b) The compulsory education of children in the general population for: (1) school admissions; (2) educational attainment and curriculum; (3) child wellbeing; (4) transport to/from school; (5) attendance at school; (6) additional needs support; and (7) the Service Pupil Premium (the SPP is England-only).
c) Housing: (1) allocations policies and tenancy strategies for social housing for the general population; (2) homelessness in the general population; and (3) Disabled Facilities Grants for the general population.
7. The Covenant and the Legal Duty do not set standards in delivery of services to the Armed Forces to be met across the UK. They do not define or mandate the outcomes that are to be achieved, and are deliberately flexible. This ensures the organisations subject to them have access to key information about the Covenant while retaining the ability to take decisions on service delivery that are right for their local context and circumstances. If the Covenant and the Legal Duty imposed UK-wide minimum standards for service delivery to the Armed Forces community, in some places this could potentially disadvantage members of the local general population with more need.
8. This is why the Legal Duty is a duty of due regard. It is primarily about raising awareness of the Covenant and the impacts of Service life, and thereby seeking to reduce disadvantage to the Armed Forces community. Due regard is a requirement to consciously consider the Covenant principles and place appropriate weight upon them. It is not about being prescriptive about the approach a body should take in order to comply with their legal obligations, or which particular conclusions are to be reached, or which outcomes are to be achieved as a result of that consideration.
9. The Government committed to reviewing the efficacy of the Legal Duty within five years of its implementation. This work has already begun. Between May and August 2024, the MOD conducted its first survey to assess the impact of the Legal Duty in the 18 months since it came into force. A report from this survey is provided at pages 72-90 of the 2024 Covenant Annual Report.[3]
10. It is important to note that the Armed Forces Covenant:
a) Is not a package of benefits, entitlements or compensations.
b) Is not a guarantee of being looked after for life.
c) Is not an entitlement to preferential treatment; and
d) Cannot be used to evaluate the many aspects of Service life which are unique to the Armed Forces, with no comparator in the civilian population. For example, military activity on operations and exercises, provision of military equipment and military training, and treatment for certain Service-acquired injuries.
11. The following are examples of where Covenant principles and the Legal Duty have had an impact since 2011:
a) Housing
b) Healthcare
c) Financial
d) Employment
e) Education
f) Non-UK personnel
12. The Government is statutorily required to prepare a Covenant Annual Report each year. It is the Government’s annual update to Parliament on delivery against the Covenant, covering all four home nations. The 13th annual report is the most recent, and was published in December 2024.[9] It highlights just some of the work carried out to support the Armed Forces community over the past 12 months. It includes contributions from across the MOD, including the Office for Veterans’ Affairs, as well as wider Government departments, the Devolved Governments and third sector organisations.
13. The Covenant continues to successfully engage across society. The two recognised pathways achieving this engagement are the signing of Covenant pledges and the follow-on Defence Employer Recognition Scheme (ERS). These pathways are facilitated by Defence Relationship Management (DRM), who provide holistic oversight alongside advice and support for the employment of members of the Armed Forces community including reservists, veterans and the spouses and civil partners of serving personnel and improving fairness for the Armed Forces community.
a) Covenant pledges
Figure 1:
b) Defence Employer Recognition Scheme (ERS)
The ERS is a MOD grant-funded engagement scheme which develops advocates for Defence within civil society. The scheme fosters positive action, promotes reservist friendly workplaces, generates support for the employment of service leavers; spouses and partners of serving personnel; cadet force adult volunteers, veterans and builds advocates within society. The ERS primarily recognises private sector support for the Armed Forces community, though public sector organisations are also eligible.[12]
In the 10 years since its inception, the ERS has gone from strength to strength, recognising over 7,750 awardees.[13] The scheme has three award levels: Bronze, Silver and Gold. These are awarded depending upon the level of commitment an employer organisation demonstrates in supporting Defence and the Armed Forces community. To be eligible for the ERS, organisations must have first pledged support to the AFC. The three ERS levels in precis are:
14. Responses were received from 201 organisations: 111 Local Authorities, 55 NHS bodies, and 35 schools and colleges. Main Findings of the survey, as published within the Armed Forces Covenant Annual Report 2024 include:
a) Increased understanding of the Covenant (144 responders agreed).
b) Increased understanding of the impacts of Service life (126 responders agreed).
c) Organisations doing something differently (115 responders agreed).
d) Increased action to mitigate the negative impacts of Service life (51 responders agreed).
15. The organisations responding to this survey are establishing various elements of a supporting infrastructure. These include:
a) A mechanism for collaborating and information sharing (169 responders),
b) A route for members of the Armed Forces community to raise concerns (154 responders).
16. For many of the local authorities and NHS bodies, the legal Duty has encouraged their organisations to better consider the effects of Service life on the Armed Forces community. This has led to a more proactive response and review of practices and policies resulting in a far better connection of agencies and services. For example, as a direct result of the Covenant Legal Duty, East Riding of Yorkshire Council looked again at practices that could unintentionally impact the Armed Forces community. Subsequently, they created an action plan to cohere their existing Covenant initiatives and looked for other improvements that could be made.
17. These key improvements have generally occurred in a majority of the local authorities and NHS bodies who responded. Whilst it is clear that the Duty has successfully increased Covenant engagement and implementation among these organisations, there is still further to go.
18. Most of the local authorities and NHS bodies responding rated themselves as knowing ‘a lot’ or ‘a moderate amount’ about the Covenant, the Legal Duty, and the potential impacts of Service life.
19. Despite extensive support systems and areas of best practice, there is inconsistent implementation of the Covenant at the local levels across the UK which affects all cohorts of the Armed Forces community. This lack of standardisation of delivery, coupled with misinterpretation, and lack of education of the Armed Forces Covenant can weaken the implementation of Covenant principles. Better coordination and coherence of the services offered by Defence to our people is required.
20. Engagement with the Government departments, local authorities, charities, and industry is high with positive implementation and delivery of the Covenant. However, the MOD acknowledges that there are still some areas that require improvement and development to reinforce and strengthen the Covenant. These areas encompass the experiences of the Armed Forces community, the support network available and delivery mechanisms across the UK at all Government levels.
21. There can be a disconnect between the Covenant and those it serves. This can lead to confusion about what the Covenant aims to do, which can result in personnel disengaging, or becoming frustrated with a system that they perceive to be not working.
22. Awareness of the Covenant remains unchanged since 2022 amongst the serving population, with over half (54%) of personnel knowing at least a little bit about it as reported in the Armed Forces Continuous Attitude Survey 2024.[15] However, a quarter of personnel have never heard of it. Officers are considerably more likely to know at least a little about the Armed Forces Covenant (84%) compared to Other Ranks (46%).
23. Despite ongoing efforts and progress made, the MOD is aware of family members losing access to services when they are re-located by the Armed Forces. These include, but are not limited to:
a) Employment
b) Healthcare
a) Prior to an overseas assignment, the MOD will only be aware of a family member’s health needs if they have declared it.
b) A gap in their health record whilst the family are overseas can be associated with clinical risk to the individual and financial and reputational risk to the MOD.
c) There is a recognised gap in capability for supporting transition back to the UK’s residential healthcare system, e.g. for facilitating onward referral to National Health Service England if required. This is particularly challenging in complex cases when treatment plans, commenced overseas are not supported in the UK and when multiple agencies are involved.
c) School placements
24. Further to identified policy limitations, there are also elements of Covenant delivery and understanding across the UK that limit the success of its implementation. For example;
25. Anecdotal evidence shows that local governments who have employed and have active Armed Forces Champions support the Armed Forces community better than those who don’t. The employment of Armed Forces Champions could be shared best practice; however, it is currently widely dependent on resource, time, funding and the individual personalities that are delivering against Covenant outcomes at the local level. This is not something that has a centralised terms of reference or method of success measurement.
26. This Government made a manifesto commitment to renew the nation’s contract with those who serve and have served, including their families and the bereaved. A key priority is the extension of the Covenant Legal Duty. MOD officials are currently developing plans to extend the Covenant duty of due regard to UK Government departments and Devolved Governments in a list of broad policy areas. This commitment to fully extend the legal duty will increase education and awareness of the unique nature of service. It will improve coherence and coordination and enable no disadvantage for those who serve, have served, and their families, including those who have made the ultimate sacrifice to uphold the freedoms we enjoy today.
27. The Minister for Veterans and People (MinVP) issued direction to officials to take a maximalist approach when developing policy areas for inclusion. This broad approach is likely to demonstrate and reinforce the Government’s commitment to improving the lives of the Armed Forces community and meet this Government’s priority commitments. MOD officials anticipate that plans for the Duty extension will raise awareness of the Covenant, drive further outcomes for the Armed Forces community, and help mitigate and tackle disadvantage.
28. The Covenant team have established structures in place to engage with OGDs, the Third Sector, DAs and LAs. To date, engagement has been driven through visits, workshops and utilising events for speaking opportunities. Existing established governance structures have been exploited to inform proposals for the Duty extension. For example, the Covenant and Veterans Engagement (CaVE) forum has been used to test thinking further.[16] To develop policy areas, officials undertook an extensive research and engagement programme exercise. This included hosting roundtable discussions and other workshops with more than 150 organisations. A list of organisations engaged with to date can be found at Annex A.
29. Following extensive consultation and from anecdotal evidence provided through the Covenant mailbox, it is likely that there are several areas where disadvantages arising from Service, could be improved through the inclusion in the Duty extension. Proposed areas for inclusion will soon be submitted for consideration via Cabinet write-around.
30. Officials consider that embedding, deepening and mainstreaming Covenant principles and values within decision-making will lead to better and more transparent decisions which will benefit the Armed Forces community. The proposed extension of the Legal Duty will further ensure that relevant policymakers and decision-makers consider the needs of the Armed Forces community.
31. Subject to agreement, Cabinet Write Round and the Devolved Governments Write Round, officials have submitted a proposal to MOD Ministers. The proposal is to replace the current statutory Duty, limited to Housing, Healthcare and Education, with a similar duty of due regard. The wide span will ensure all areas that can impact on the Armed Forces community will be included. It is our ambition to include these statutory changes in the next Armed Forces Bill.
32. The MOD is working on the necessary impact assessments which include Impact Assessment, Equalities Impact Assessment, Justice Impact Test and the New Burdens Assessment and engaging with relevant departments to ensure expected processes are met and completed to relevant departments’ approval and sign-off within expected timeframes. Whilst this work ensures all governmental processes are completed, it also provides evidence supporting ministerial decisions on proposal to extend the Covenant Duty.
33. Extending the duty could achieve positive outcomes across a broad range of policy areas where there is evidence of disadvantage to the Armed Forces community and be the mandate to achieve key Government ambitions. In all areas, decisions at both the local and national levels are key in determining if disadvantage occurs.
34. It is likely that further engagement will be required with DAs on a Ministerial level as some proposed policy areas are devolved and require statutory consultation.
35. The differing and sometimes complex needs of the Armed Forces community means there is no one size fits all solution to mitigate disadvantage. The evidence provided within this response demonstrates the work that has, and continues to happen, on behalf of the Armed Forces community.
36. The sustained growth in the numbers of Armed Forces Covenant signatories, alongside award holders of the Employer Recognition Scheme is a testament to the value that society places on our Armed Forces.
37. The MOD recognises that the Armed Forces community continue to face disadvantages due to service life, and that there have been shortfalls when it comes to communication. Lack of messaging and supporting materials, has led to misconceptions about what the Covenant can or should do. A lack of transparency around its delivery, and limitations on authority, has at times limited the success of implementing policy solutions creating a perceived unfairness.
38. The Duty extension offers an opportunity to highlight the essential work of the Covenant and demonstrate where Government at all levels can go further to support the Armed Forces community. We believe that Delivery of the Duty extension, combined with a sustained communications campaign will reinforce the Covenant aims.
| NHS |
| Local Authorities |
1 | Airedale NHS Trust | 78 | Armed Forces Liaison Officers Wales |
2 | Brighton and Hove NHS Trust | 79 | Antrim and Newtownabbey Council |
3 | East Lancashire NHS Trust | 80 | Ards and North Down district Council |
4 | East London NHS Foundation Trust | 81 | Argyll & Bute Council |
5 | Milton Keynes Hospital | 82 | Armed Forces Outreach Service |
6 | NHS Armed Forces Team | 83 | Babergh Council |
7 | NHS Hampshire Foundation Trust | 84 | Barnet Council |
8 | NHS Sussex | 85 | Basingstoke and Deane District Council |
9 | NHS Veteran Aware | 86 | Belfast City Council |
10 | NHS Wales | 87 | Brighton and Hove Council |
11 | North East Ambulance Service NHS Trust | 88 | Bristol City Council |
12 | Op Courage NHS | 89 | Cheshire East Council |
|
| 90 | Colchester City Council |
| Charities | 91 | Cornwall Council |
13 | Alabaré Charity | 92 | Coventry City Council |
14 | Allsports Coaches Coaching Academy CIC | 93 | Dorset Council |
15 | Always a Rifleman Programme | 94 | Dover District Council |
16 | Armed Forces Covenant Fund Trust | 95 | Dumfries and Galloway Council |
17 | Army Families Federation | 96 | Durham County Council |
18 | Army Widows Association | 97 | Ealing Council |
19 | Association of Service Drop-in Centres | 98 | East Riding of Yorkshire Council |
20 | believe Housing | 99 | Falkirk Council |
21 | Cobseo – The Confederation of Service Charities | 100 | Gateshead Council |
22 | Combat Stress | 101 | Gloucestershire County Council |
23 | Defence Bereaved Families Group | 102 | Greater Manchester Combined Authority |
24 | Forces in Mind Trust | 103 | Guildford Borough Council |
25 | Greenwich Hospital Charity | 104 | Hackney Council |
26 | Gurkha Charity | 105 | Hereford City Council |
27 | Haig Housing | 106 | Kent Council |
28 | Help for Heroes | 107 | Kent County Council |
29 | Leavers to Leaders charity | 108 | Leeds City Council |
30 | Naval Childrens Charity | 109 | Mid Ulster District Council |
31 | Naval Families Federation | 110 | Milton Keynes City Council |
32 | RAF Association | 111 | Newry and Down Council |
33 | RAF Benevolent Fund | 112 | North East Derbyshire Council |
34 | RAF Families Federation | 113 | North Kesteven District Council |
35 | Royal Navy and Royal Marines Charity | 114 | North Yorkshire Council |
36 | Sacro | 115 | Nottinghamshire County Council |
37 | SCiP Alliance | 116 | Oxfordshire County Council |
38 | Serve and Protect Credit Union | 117 | Pembrokeshire County Council |
39 | SSAFA, the Armed Forces Charity | 118 | Portsmouth City Council |
40 | STOLL | 119 | Royal Borough of Windsor and Maidenhead |
41 | The Bridge for Heroes Charity | 120 | Runnymede Council |
42 | The Royal British Legion | 121 | Shropshire Council |
43 | VC Gallery Charity | 122 | South Hams District Council |
44 | Veterans Outreach Service | 123 | South Tyneside Council |
45 | Veterans Support Service CIC | 124 | St Helens Council |
46 | Women's Royal Army Corps Association | 125 | Surrey County Council |
|
| 126 | Test Valley Borough Council |
| OGDs | 127 | Torbay Council |
47 | Attorney General's Office | 128 | Wakefield Council |
48 | Cabinet Office | 129 | Walsall Council |
49 | Department for Education | 130 | Waltham Forest Council |
50 | Department for Transport | 131 | Warwick District Council |
51 | Department for Work & Pensions | 132 | Warwickshire Council |
52 | Department of Health & Social Care | 133 | Waverley Borough Council |
53 | Foreign, Commonwealth & Development Office | 134 | West Berkshire council |
54 | His Majesty's Revenue & Customs | 135 | Wiltshire Council |
55 | His Majesty's Treasury | 136 | Worcester Council |
56 | Home Office | 137 | Wrexham County Borough Council |
57 | Ministry of Housing, Communities and Local Government |
|
|
58 | Ministry of Justice |
| Private sector |
59 | Northern Ireland Office | 138 | Acres Engineering |
60 | Office of the Advocate General for Scotland | 139 | Antac Support Services |
61 | Office of the Secretary of State for Scotland | 140 | BAE Systems |
62 | Office for Veterans' Affairs | 141 | Citigroup |
63 | Wales Office | 142 | Deloitte |
|
| 143 | Denroy Plastics Ltd |
| Devolved Governments | 144 | Diamond Light Source |
64 | Northern Ireland Executive | 145 | DTN Academy |
65 | Scottish Government | 146 | HCR Legal LLP |
66 | Welsh Government | 147 | NE BIC |
|
| 148 | Parkdean Resorts |
| Other | 149 | QinetiQ |
67 | Edinburgh Napier University | 150 | REED Global |
68 | Greater Manchester Police | 151 | Talk Talk PLC |
69 | Hampshire and Isle of Wight Constabulary | 152 | Toyota UK |
70 | Swansea University | 153 | Veterans at Ease Enterprise Ltd |
71 | Chester University | 154 | X-Forces Enterprise |
72 | Veterans Advisory Pension Committees |
|
|
73 | Thames Valley Police |
|
|
74 | Cleveland Police |
|
|
75 | South Staffordshire College |
|
|
76 | Royal Berkshire Fire and Rescue Service |
|
|
77 | Hampshire and Isle of Wight fire and rescue |
|
|
27th January 2025
[1] The Armed Forces community consists of those currently serving, Reservists, veterans, the bereaved and their families.
[2] Pledges are a voluntary commitment that can be tailored for business of all size, charitable organisations, local authorities, and public sector organisations in which they agree and demonstrate upholding the covenant core principles.
[3] Armed Forces Covenant annual report 2024
[4] Local Authority Housing Stats Data Returns 2023 to 2024
[5] NHS England » NHS chief signs pledge to support armed forces and veterans.
[6] An NHS specialist service that helps serving personnel, veterans and their families with mental health problems.
[7] Career Transition Partnership ex-service personnel employment outcome statistics
[9] Armed Forces Covenant annual report 2024
[10] As at December 2024
[11] Businesses who have signed the Armed Forces Covenant
[12] Such as the Emergency Services, Local Authorities, NHS trusts and Executive Agencies.
[14] Armed Forces Covenant Annual report 2024, Covenant Legal Duty Impact Survey results from page 72
[16] The CaVE is a standing body comprising senior MOD and Office for Veterans’ Affairs (OVA) staff, and representatives of the Service Charities, Families Federations and other organisations who support and have insight into the Armed Forces community.