Draft Armed Forces (Service Complaints Miscellaneous Provisions) (Amendment) Regulations 2026

David Reed Excerpts

Tuesday 1st September 2026 General Committees

[David Reed (Exmouth and Exeter East) (Con)]

The service complaints system is a vital safeguard for members of the armed forces and those who have served. It has been brilliant to be on the Armed Forces Bill Committee over the past year with Members from the Liberal Democrats and many Government Members. It is nice to be able to touch on this in a consensual way, and those on the Government Front Bench will be happy to know that we will not seek to divide the Committee.

This statutory instrument gives people who believe that they have been wronged in a matter relating to their service a route to seek redress. Everyone who serves or has served has an interest in a process that is fair, accessible and efficient. There has been progress, but serious pressures still remain; the Armed Forces Bill Committee heard that repeatedly when we visited the service justice unit down in Portsmouth. In her 2025 annual report, the Service Complaints Ombudsman, Mariette Hughes, assessed the system as efficient and effective for the first time, but not yet fair. The report also records that the tri-service timeliness targets were not met, and that staffing problems across all three services hindered progress on cases.

The Royal Air Force, in whose outfit the Minister served, illustrates the pressure. Its workforce review identified under-resourcing of all four full-time case management roles. Under the new timeliness measure, 42% of RAF complaints were closed within the 24-week target in 2025, against a 90% target. The average resolution time rose from 22 weeks to 28 weeks, and the number of open RAF cases increased for the third year running.

Against that backdrop, the Opposition believe that the instrument replacing the term “appropriate officer” with “appropriate person” is a good change. It allows for administrative roles, following a referral from the commissioner, to be carried out by a competent civilian as well as by military officers. The role includes informing the individual that the allegation has been referred, finding out whether they wish to make a service complaint and notifying the commissioner of the outcome. Those are referral and notification functions. The instrument does not give a civilian a new power to determine the merits of the underlying complaint. This reform will streamline the system, ease resourcing pressures and deliver better value for money.

The second change enacted by the instrument concerns a decision on whether an appeal was brought on a ground permitted by the applicable regulations. The instrument adds that decision to the list of matters about which a person may make a service complaint, and the 2025 annual report gives useful context. Between 2021 and 2025, admissibility applications to the ombudsman increased by 72%, from 108 to 186, while substance and maladministration applications increased by 5%. In 2025, 37% of the admissibility applications concerned appeal admissibility reviews, while only 15% of the admissibility review cases were upheld—by far the lowest proportion of all applications being upheld.

We know from having heard directly from the service justice unit that the wider system is already under pressure, and it is an issue we have tried to resolve through the Armed Forces Bill. A complaint received in 2025 that was not appealed took an average of 20 weeks to close; where an appeal was admitted, the average was 33 weeks. It is therefore reasonable to prevent the specified decision on valid appeal grounds from becoming the subject of fresh service complaints. The instrument will help to relieve pressure on the complaints system and increase the resourcing available to deal with other complaints, and it will not touch the right to appeal on applicable grounds. The risk of injustice, we believe, is minimal, and as such, the Opposition support this instrument.