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.

 

Background

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.

In what areas is the Armed Forces Covenant working well?

 

Covenant impact

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

 

The Armed Forces Covenant Annual Report

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.

 

Societal Engagement

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:

 

 

 

 

MOD Covenant Legal Duty Impact Survey Results[14]

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.

 

Where is the Armed Forces Covenant failing the Armed Forces Community? In what areas is the Armed Forces Covenant not working well?

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;

 

    1. There are misconceptions about what the Covenant can do and how it supports the Armed Forces community. This is driven by a lack of understanding by end users and demonstrates a need for an improved communications campaign with supporting material to help improve wider understanding.

 

    1. There is also differentiation in how the Covenant is delivered and its application across the UK. The UK-Government has limited authority in certain aspects of support provided by Devolved Governments The Armed Forces community has access to a variety of offers that are tailored to the localised needs of the geographical location. While certain responsibilities are Devolved, the MOD, single Services and charitable partners work alongside Devolved Governments and local service providers to continually improve responses to the Armed Forces community's evidenced needs.

 

    1. Many decisions are made at the local level which limits the ability to impact change, however, UK-Government encourage this flexibility in decision making and are therefore devolved by default. This is also experienced in the application of the Covenant across service providers.

 

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.

 

Are there areas which the Armed Forces Covenant ought to be extended to, and why?

26. This Government made a manifesto commitment to renew the nations 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.

 

What legislative changes should be made and why?

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.

 

What impact would the extension of the Armed Forces Covenant legal duty to the UK-government and Devolved Governments have?

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.

Conclusion

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.

Annex A LIST OF ORGANISATIONS ENGAGED WITH TO DATE

 

 

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

[8] UCAS Fair Access Snapshot

[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.

[13] ERS award holders.

[14] Armed Forces Covenant Annual report 2024, Covenant Legal Duty Impact Survey results from page 72

[15] AFCAS Front Page

[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.