Second Group of Parts – Miscellaneous Matters Redress of individual grievances
665.The statutory right of complaint is considered a fundamental right of a service person. It dates back to at least the 19th century and largely reflects the fact that the terms of service of service personnel are not governed by domestic employment law. As a result service personnel do not have a contract of employment and their rights of legal remedy, in respect of matters arising from service, are limited. The internal statutory redress system has therefore always been of importance if a member of the armed forces is to be able to complain about any matter where he thinks himself wronged in relation to his service. Currently a redress of complaint proceeds through a service person’s CO, through various layers of the command chain, to the Defence Council. In those circumstances the Service Board of the complainant’s Service acts for the Defence Council. At any stage of the redress process, if satisfied with the decision of the decision-making authority then dealing with the complaint, the complainant can withdraw his complaint. If dissatisfied, the complaint will proceed on to the Service Board where two Board members decide the complaint.
666.These procedures have been found, in practice, to be slow. Service Boards have been overloaded with cases, and this has led to delay in cases being resolved. The sections in the Act are in part designed to speed up the process. In most cases a complaint will still be considered by a service person’s CO and then go to one further level within the command chain. If a complaint is not capable of resolution by the command chain, most cases will proceed immediately to a service complaints panel. Service complaint panels are designed to take work away from the Service Boards and panels will be given delegated powers to act on behalf of the Defence Council. The panels will usually comprise serving officers of the rank of commodore, brigadier or above and civil servants. Membership of service complaint panels will come from outside the command chain of the complainant and could be drawn from another Service than that of the complainant or from the civil service. The Secretary of State may make regulations requiring that in the case of a service complaint of a particular description an independent member to sit on a service complaint panel. Examples of where an independent member appointed by the Secretary of State will sit is likely to be appropriate are complaints involving bullying, harassment or other misconduct.
667.Where the Defence Council has not delegated a case (either by delegating the particular case or a relevant category of cases to a complaints panel) they will still be able to decide the matter (as at present acting through a Service Board). In such cases, a Service Board could require a service complaint panel to assist the Board in carrying out its functions, e.g. a service complaint panel could be asked to investigate a particular matter and report to the Board with their recommendations.
668.In those cases where a Service Board deals with a complaint made by an officer, the officer if dissatisfied with the decision of the Service Board, may request reference of his individual grievance to Her Majesty.
669.The Act also provides for the appointment of a Service Complaints Commissioner. He will have two main functions (explained further below). One of these will be to receive from any person allegations that a member of the Armed Forces has been the victim of certain types of wrong in relation to his service. The Commissioner will have power to refer those allegations to an officer, who will have to check whether the alleged victim wishes to bring a complaint. The Commissioner’s second main function will be to provide the Secretary of State with an annual report on the efficiency, effectiveness and fairness of the redress system.