Armed Forces Bill (First sitting)

Neil Shastri-Hurst Excerpts

Tuesday 24th March 2026 Public Bill Committees

[Ian Roome]

I totally agree with my hon. Friend. Published guidance can be interpreted differently from authority to authority. It is about how they put that into action.

Local NHS services have a mad patchwork of transfer rules depending on where someone moves from across the country, which can make access to medical care difficult, as I am sure some of us have experienced—I have, because I have a large garrison in my constituency, and I receive casework from serving personnel about the difference that they have experienced around the country. That is part of what we are trying to fix.

We should expect the Secretary of State to put specific protocols in writing for local bodies across the country. That would be fairer to our service personnel, but it would also make the Government’s responsibilities clearer—it would end our discussion now, where we are asking what due regard means—if local bodies fail to uphold what is being asked for in the Bill. The amendment would require a standardised set of protocols to be produced by the Secretary of State within six months of the Bill passing, require local bodies to act accordingly, and require the protocols to be brought back to Parliament when the procedures need to be revised.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

It is an enormous pleasure to serve under your chairmanship, Mr Efford.

I want to focus my remarks on amendment 8, which, as my hon. Friend the Member for Exmouth and Exeter East set out, seeks to provide a clear and practical definition of due regard in the Bill. If Parliament is placing a legal duty on public bodies to have due regard to the armed forces covenant, it is only right that it should be clear what that duty requires in practice.

The Bill places a duty on specified public bodies to have due regard to the principles of the armed forces covenant when exercising certain functions, as set out in proposed new section 343AZA(5) of the Armed Forces Act 2006, including in areas such as healthcare, housing, education, transport and pensions. However, the term “due regard” itself is not defined in the Bill or elsewhere, which creates a very real risk of inconsistent interpretation or application.

Amendment 8 would resolve that uncertainty by defining due regard as requiring public bodies to

“think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors relevant to how they carry out their functions.”

That would not represent a change of policy; it would merely clarify how the duty is to operate. It would make explicit what many would assume is already intended, but which is not currently set out in the Bill.

The armed forces covenant itself is well understood by many. It reflects the principle that those who have served our armed forces, and their families, should not be put at a disadvantage compared with other citizens in accessing public services. It also recognises that, in some cases, special consideration may be appropriate. I think those principles are widely supported not just in this place but among the wider public. The purpose of the Bill is to ensure that they are also reflected in the decision-making processes of public bodies.

The effectiveness of the duty to have due regard to the covenant depends in large part on how due regard is understood and applied. In the absence of a definition, there is scope for variation. Some public bodies may interpret the duty as requiring active and meaningful consideration of the covenant in their decision-making processes; others may take a more limited approach, treating it as a procedural requirement that can be satisfied with relatively minimal engagement. That variation matters in practice.

Members of the armed forces and their families frequently move between different parts of the country, and they rely on services provided by local authorities, healthcare systems and other public bodies. A lack of consistency in how the covenant is applied can result in uneven access to support in those circumstances. Let us take the example of a service family who move from one area to another. They may encounter different approaches to school admissions, healthcare provision and housing allocation. If due regard is interpreted differently in every area, the level of support available may itself vary significantly.

Amendment 8 would support a more consistent and coherent approach. By defining due regard clearly, it would establish a common standard that can be applied across different public bodies. The proposed definition is deliberately balanced: it would require public bodies to think about the covenant and give it appropriate weight, but it would not require a particular outcome in any given case, and it would not override other relevant considerations. It would simply ensure that decision makers exercise judgment and balance competing factors. At the same time, it would ensure that the covenant is not overlooked or treated as an afterthought. It requires active consideration—that is the way it must be interpreted.

The reference to appropriate weight would make it clear that the covenant must be taken seriously, even if it is not determinative. That reflects the approach taken in other areas of public law where due regard is applied, in which contexts the courts have been very clear that the duty involves more than simple awareness; it requires informed and timely consideration of the relevant principles as part of the decision-making process. Amendment 8 would adopt that well-established understanding and apply it in the context of the armed forces covenant, providing a much clearer framework within which public bodies can operate.

It is worth reminding ourselves that clarity is important not only for public bodies, but for those affected by their decisions. Members of the armed forces community need to know what they can reasonably expect when engaging with public services. A clearly defined duty would help provide that assurance to them and their families. It would also support accountability. Where a duty is clearly defined, it is easier to assess whether it has been properly discharged. With the proposed definition in place, Parliament and others would be better placed to scrutinise how public bodies are applying the covenant in practice. Without a definition, that scrutiny becomes much more difficult; it is less clear what standard is being applied, and therefore harder to identify when that standard has not been met. Amendment 8 would strengthen both the operation of the duty and the ability to hold public bodies to account for its delivery.

[Mr Francois]

Does my hon. Friend agree that the words that we have used in the amendment are taken verbatim from the Minister’s letter of 9 March 2026? We asked him to provide a definition of due regard; he duly wrote to the Committee very promptly, and we have quoted the first sentence verbatim. These are not random words; this is the Minister’s definition. All we are seeking to do is place it in the Bill.

[Dr Shastri-Hurst]

I am grateful, as always, to my right hon. Friend for his intervention, because he has hit the nail on the head. This is not something novel; it is merely codifying—formalising in the Bill—what has already been written in evidence to us, which seems eminently sensible.

It is important to consider the practical impact of the amendment on public bodies. The definition would not impose a new or onerous requirement. Public bodies are already accustomed to taking into account statutory duties and policy considerations in their decision-making processes. A requirement to think about the covenant and give it appropriate weight would fit squarely within that existing framework. It would not require extensive additional processes or resources. It would not mandate detailed reporting or specific outcomes. Instead, it would provide a clear instruction about how the covenant should be treated alongside other relevant factors. In practice, that may involve ensuring that decision makers are aware of the covenant and understand its implications. It may involve considering how policies affect members of the armed forces community and whether adjustments are needed to avoid disadvantage. Those seem eminently sensible and wise factors to put in this piece of legislation.

In education, that could mean taking into account the particular challenges faced by a service child who moves schools frequently. In healthcare, it could involve considering continuity of care for families who relocate. In housing, it could involve recognising the impact of service-related mobility on access to accommodation. In each of those cases, the duty does not require a specific result; it requires consideration of the relevant factors, including the covenant, and a balanced decision based on those factors. Amendment 8 would therefore support decision making without constraining flexibility.

We often hear concerns that defining duties in legislation may increase the risk of legal challenge. In my view, in this case, the greater clarity that the amendment would introduce is more likely to reduce that risk and be a protective factor. Where duties are clearly defined, public bodies are better able to understand and comply with them, which reduces the likelihood of disputes arising from uncertainty about what is required. Conversely, where duties are unclear, there is a greater risk of inconsistent application and challenge.

By setting out what due regard means in this context, the amendment would provide a clearer basis for compliance. Importantly, it would reduce ambiguity. It is also relevant that the definition is framed in general terms; it does not describe details or steps that must be followed in every case. That would allow public bodies to apply the duty in a way that is proportionate to the circumstances that they face. That flexibility is important given the range of functions and decisions to which the duty will apply.

The amendment aligns with the overall purpose of the Bill. The intention is to embed the principles of the armed forces covenant in the work of public bodies. A clearly defined duty would support that objective by ensuring that the covenant is considered in a consistent and meaningful way. If the duty is left undefined, there is a risk that its impact will vary significantly between organisations, which would undermine the aim of the Bill. The amendment would strengthen the Bill by supporting a more effective and consistent implementation. It would also reflect the practical realities of service life.

Members of the armed forces and their families frequently experience moves and disruption as part of their service. They rely on public services in different parts of the country and need those services to respond in a consistent and informed way. A clear definition of due regard would help to support that consistency, providing a common framework for decision making that recognises the particular circumstances of the armed forces community. It is not about giving preferential treatment in all cases; it is about ensuring fairness in line with the principles of the covenant. That includes avoiding disadvantage and, where appropriate, providing additional support. The amendment would ensure that those principles are properly taken into account.

Amendment 8 would make a targeted and practical improvement to the Bill. It would support a more consistent application of the armed forces covenant by public bodies, provide greater clarity for decision makers and those affected by their decisions, strengthen accountability, and reduce the risk of inconsistent interpretation. Most importantly, it would help to ensure that the covenant is applied in a way that has a real effect on day-to-day decision making. For those reasons, I view the amendment as a useful and proportionate clarification that would strengthen the operation of the duty as set out in the Bill.

[Sarah Bool (South Northamptonshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Efford.

I want to add further weight to the points that colleagues have already made. Service personnel themselves have said that the armed forces covenant, while incredibly well meaning, needs to be enacted and enforced properly. It also needs to be explained to the forces themselves what it means and what is on offer to them. With the duty’s extension going as far as it does, we must be absolutely clear what it means in practice, in order to ensure its enforcement. I speak as a lawyer, too, and the enforcement issue is always the biggest problem with any legislation that comes out of this place.

From the evidence sessions we know that the statutory guidance will be doing a lot of the heavy lifting, but we do not know what it will look like or what form it will take—that is not in front of us—so it is important that we discuss and consider the definition of due regard. Including a definition would bring more clarity to the Bill, as my right hon. and gallant Friend the Member for Rayleigh and Wickford said. During the evidence sessions, many Members questioned what due regard means, so it is really important that we ensure that our local bodies know, via a definition on the face of the Bill, what we are hoping and aiming for them to achieve.

[Al Carns]

I thank the right hon. Member for Rayleigh and Wickford and the hon. Members for Exmouth and Exeter East, for Solihull West and Shirley, and for South Northamptonshire, for amendment 8, which seeks to define “due regard” in the Bill. I recognise their intent, their positivity and their commitment to the covenant, but I cannot accept the amendment.

The amendment is unnecessary because due regard is a long-established legal concept that public bodies already understand and routinely apply in practice. The existing covenant duty of due regard is already driving positive change in its current areas of housing, healthcare and education.

[Dr Shastri-Hurst]

Does the Minister not accept that there is inconsistent application of the covenant across public bodies, and that to try to fix that, which all of us on the Committee are seeking to do, there is strength in codifying it in the Bill?

[Al Carns]

I absolutely agree, and I am one of the biggest champions for shouting about the postcode lottery in the delivery of the covenant. Putting that in the Bill would not change it. It requires education, communication and, in a lot of ways, internal support within local authorities to deliver it. The hon. Member for Exmouth and Exeter East mentioned the lack of skills at local council level—that is the problem. It is not necessary to amend the Bill; the statutory guidance will be absolutely clear and concise on what the covenant means.

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[Dr Shastri-Hurst]

I am grateful to the Minister for indulging me. I do not disagree that, to a greater or lesser extent, this is a matter of education, but there is the issue of guidance being guidance and not being mandatory. If a definition were included in the Bill, it would provide a much stricter framework—alongside the education piece for local authorities—to ensure that we are getting this right. Does he agree?

[Al Carns]

I agree with the premise of the hon. Member’s point. Where I disagree is in how local authorities may view that and how it may restrict their ability to deliver services across other requirements, in line with local priorities. In my letter to the Committee, I wrote:

“When developing the Armed Forces Covenant Legal Duty, due regard was deliberately chosen to bring about lasting positive change…whilst at the same time retaining some flexibility for public bodies to make decisions that are right for their local context and circumstances.”

That is really important, because some of our constituencies will have different levels of need compared with others. Some may have large veteran populations; others may not. Some may have a large number of cancer patients, for example. Prioritising veterans in a very narrow, bounded line above those individuals may skew a whole list of requirements and needs across other public services, hence my point about communication and education, and then the yearly accountability in line with the covenant, which is critical to ensure a level of accountability.

Government Departments are also demonstrating how covenant considerations are driving change in practice. For example, this Government have gone further than before by removing local connection requirements for access to social housing for all veterans. I would be really interested if the right hon. Member for Rayleigh and Wickford has examples of where that local connection requirement has not been removed; if he does, I ask him, please, to highlight them to my office so that we can take them on and deal with them, because we removed the requirement last year.

Our experience of the public sector equality duty also shows that a duty of due regard, when properly supported, is sufficient to drive lasting cultural and organisational change, but I do accept that this is the first step to moving in that direction. In addition, the covenant’s statutory guidance, which we can scrutinise in due course, will include a dedicated section explaining what due regard means in practice, including the key issues faced by the armed forces community that bodies must consider. I would welcome the whole House’s view on how that can be improved—if, indeed, it thinks it should be.

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[Al Carns]

I completely agree. The reality is that the implementation of the covenant has been really narrow, across three different Departments. The Bill will broaden the number of policy areas it covers to 12 plus two, which will put an onus on councils and allow people to hold them to account on delivering in line with the armed forces covenant. That is a positive step in the right direction. When we combine that with Valour over time, starting small and broadening out, we will end up with a data-based solution that ensures that councils can support their armed forces community in a more effective and balanced manner.

A definition of due regard in the Bill risks being overly narrow and could unintentionally limit how bodies apply it in practice.

[Dr Shastri-Hurst]

I promise the Minister that this will be the last time I intervene.

[Mr Francois]

On this point.

[Dr Shastri-Hurst]

Yes, on this particular point.

[David Reed]

Promises, promises.

[Dr Shastri-Hurst]

That was a lawyer’s promise; the Minister can read it as he wills.

Does the Minister not think that having a definition of due regard in the Bill would assist the courts in interpreting its application in cases where a public body’s decision is challenged by a member of the armed forces community?

[Al Carns]

When it comes to the legal process, we must ensure that there is the flexibility in local councils to adhere to the covenant in line with the broader issues and capacity that they may have to deal with. Some council areas have a huge number of veterans, and others have very few. Many councils, including mine in Birmingham, have a huge housing problem. Should we prioritise a single mum with a child, or a veteran? If we made that too explicit, we would skew how local councils view veterans and the armed forces as a whole. That is quite dangerous.

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[Dr Shastri-Hurst]

I beg to move amendment 10, in clause 2, page 6, line 37, at end insert—

“343AZC Continuity of NHS secondary care services

(1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of secondary care treatment for a person who—

(a) is a dependent of a member of the regular or reserve forces who is receiving secondary care services from a health body in one part of the United Kingdom, and

(b) becomes ordinarily resident in another part of the United Kingdom when the member of the armed forces to whom that person is dependent is posted.

(2) The regulations must specify that the relevant health body must take reasonable steps to ensure that any course of secondary care treatment being provided to the dependent is appropriately transferred to an appropriate health body in the area to which the dependent relocates.

(3) For the purposes of subsection (2), “appropriately transferred” means—

(a) the dependent’s treatment or place on a treatment waiting list is maintained upon transfer of responsibility of care between health bodies, and

(b) the dependent will not require a new referral form from a general practitioner or other primary care professional as a condition for continuation of treatment upon transfer of responsibility of care between health bodies.

(4) Regulations under this section must include a requirement for a national authority to issue guidance on—

(a) ‎the transfer of patient records,

(b) the continuation of treatment pathways upon transfer of responsibility of care between health bodies, and

(c) the preservation of waiting list placement upon transfer of responsibility of care between health bodies.”

This amendment would require the Secretary of State to make provision for NHS secondary care services to be appropriately transferred where a person who is dependent on a member of the armed forces must become ordinarily resident in an area for which a different NHS body is responsible for care as a consequence of the member of the armed forces on whom they are dependent’s military posting.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 11, in clause 2, page 6, line 37, at end insert—

“343AZC Continuity of plans for Special Educational Needs

(1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations to make provision for a plan for Special Educational Needs awarded to a person who—

(a) is a parent serving in the Armed Forces, and

(b) becomes ordinarily resident in another part of the United Kingdom when posted.

(2) The regulations shall specify that the plan for Special Educational Needs awarded to a person in subsection (1), in respect of their child or children, must be portable when responsibility for delivering that plan is transferred from one education body or local authority to another.

(3) The regulations made under subsection (1) shall provide that, if a service family are required to move from one base to another, for operational or other reasons, any plan for Special Educational Needs awarded to them or their child via their current education body or local authority shall remain equally valid, post-transfer, with the education body or local authority which covers the area of their new posting.

(4) Serving families covered by subsection (2) shall have reasonable time to negotiate a named school for their plan in their new area with the relevant education body and local authority.

(5) In this section, “a plan for Special Educational Needs” means—

(a) in England, an Education and Health Care Plan,

(b) in Wales, an Individual Development Plan,

(c) in Scotland, a Co-ordinated Support Plan,

(d) in Northern Ireland, a Statement of Special Educational Needs.”

This amendment would allow serving families, with a child for whom they have been awarded an Education and Health Care Plan or equivalent Special Educational Needs support, to transfer that support without penalty if they are required to move bases, for operational or other reasons, from one area to another.

Amendment 12, in clause 2, page 6, line 37, at end insert—

“343AZC Continuity of adoption and fostering arrangements

(1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of adoption and fostering arrangements for a person who—

(a) is a serving member of the Armed Forces,

(b) has entered into negotiations about potentially adopting or fostering children, and

(c) is required to move base as part of their military service.

(2) Regulations under subsection (1) must ensure that if a service family is required to move from one base to another, for operational or other reasons, any adoption or fostering arrangements they have made with their existing local authority should be appropriately transferred to the appropriate new local authority.

(3) For the purposes of this section, “appropriately transferred” means any adoption or fostering arrangements shall not be disrupted as a result of the transfer from one local authority to another.

(4) Regulations under subsection (1) must make provision for minimum residency requirements for adoption or fostering in a local authority to be waived for any service family which is required to move from one local authority jurisdiction to another, for operational or other reasons.

(5) Service families in this position shall have an opportunity to re-negotiate potential adoption or fostering arrangements with the new local authority, including prior to transfer to their new posting.”

This amendment would allow serving families who are considering adopting or fostering a child to continue that process with no disadvantage if they are required to move bases, for operational or other reasons, from one local authority area to another.

[Dr Shastri-Hurst]

It continues to be a pleasure to serve under your chairmanship, Mr Efford. I will confine my remarks to amendment 10, concerning the continuity of NHS secondary care services for the dependants of members of the armed forces. The amendment addresses an issue that has very real consequences for the health and wellbeing of service families, and therefore for the broader integrity of the commitment we make to those who have served and do serve.

At the heart of this amendment lies a simple maxim: those who serve their country, and the families who support them, should not be placed at a disadvantage when accessing essential public services as a result of the demands placed upon them by service life. That principle is, of course, recognised in the armed forces covenant; the question is whether we are giving full and consistent effect to it in practice.

The difficulty arises from a defining feature of military service: members of the armed forces are required to move. They are often asked to move frequently, often at short notice, sometimes across significant distances within the United Kingdom, and sometimes further afield. Those moves are not discretionary; they are intrinsic to the operational readiness and effective functioning of our armed forces. And when service personnel move, invariably their families move with them.

That reality carries with it a number of challenges, but one of the most pressing, and one that is too often overlooked, is the disruption to ongoing medical treatment for their dependants. While primary care is generally able to accommodate patient movement with relative ease, the same cannot be said for secondary care. Hospital treatment, specialist pathways and waiting lists are typically organised on a regional or trust basis. When a family crosses those organisational boundaries, continuity is not guaranteed.

The consequence, in too many cases, is that dependants find themselves required to re-enter the system. A child undergoing specialist treatment, a spouse awaiting elective surgery or a family member under the care of a consultant may be told that because they have moved into a new area, they must obtain a new referral, join a new waiting list and effectively begin the process again from the start.

It is important to be clear about what that represents—not a clinical judgment or a decision taken in the interests of patient care, but an administrative consequence of the way services are structured and commissioned across different parts of the NHS. It is in effect a failure of co-ordination. For the individuals concerned, however, it has a much more significant impact. It can mean delayed diagnoses, prolonged pain, deterioration in conditions that require timely intervention, and significant anxiety for families already managing the pressures of service life. It can also undermine confidence in the system and create a perception, justified or otherwise, that service families are being treated less favourably.

The amendment seeks to address that problem in a proportionate manner. It does not attempt to redesign the structure of the NHS—that would be a fool’s errand—nor does it impose a rigid requirement on how services should be delivered.

[Rachel Taylor]

The hon. Gentleman is making a powerful argument; we can all relate to the specific problems that anyone faces when they move house, and that is far more likely for service personnel. However, requiring patients to retain waiting list positions regardless of clinical urgency surely risks distorting NHS prioritisation principles, which are based on clinical need in order to ensure fairness and safety. Could he address that point?

[Dr Shastri-Hurst]

The hon. Member makes a valid point. Of course there will need to be a degree of clinical judgment, but the premise that somebody has to start at the bottom of the system by virtue of the fact that they are a dependant of service personnel is inherently unfair, and one that needs to be addressed in the Bill.

[Mike Martin]

Nobody wants a serviceperson or veteran to return to the back of the list. That would be completely contrary to what we are trying to do. Equally, if they were sixth on the list in the old area, we do not want them to be sixth in the new area. Is the hon. Member saying that their degree of clinical severity or urgency, or their triage category, would transfer such that they would slot into the new list at the same level?

[Dr Shastri-Hurst]

I am grateful to the hon. and gallant Member for his intervention. This is about placing a clear, time-bound duty on the Secretary of State to secure continuity of secondary care for dependants within six months. We want their clinical need to transfer horizontally across, as opposed to vertically downwards. That is the nuisance that amendment 10 is intended to address.

Amendment 10 sets out the substance of the regulations that I have suggested that the Secretary of State introduce. They are deliberately straightforward. First, where a patient is already receiving treatment, their status should be preserved when the responsibility for their care is transferred to a different health authority—that is, a horizontal move across. In practical terms, it would mean that a patient should not lose their place in the system because they crossed administrative boundaries. Instead, they should have a seamless transfer of care.

Secondly, the amendment would ensure that patients are not required to obtain a new referral solely by virtue of having moved, which would be ridiculous. The need for a referral is, and should remain, a clinical matter. It should not be triggered by geography and movement. Requiring a new referral in those circumstances adds delay, creates duplication and serves no meaningful clinical purpose.

Thirdly, the amendment calls for clear guidance on the practical steps necessary to support continuity, including the timely and efficient transfer of patient records, the recognition and continuation of existing treatment pathways, and the preservation of procedures that have been booked or recommended. Those are not novel concepts; in many ways, they are already part of good administrative practice. What is lacking is the consistency of application across the country.

It is perhaps worth emphasising what amendment 10 would not do, as much as what it would. It would not confer preferential treatment on service families. It would not seek to move them ahead of others in the queue, nor to secure access to services beyond what is clinically necessary. Its purpose is much more modest: to ensure that service families are not disadvantaged as a result of circumstances beyond their control. That is entirely in keeping with the armed forces covenant, which commits to removing disadvantage, not to creating advantage. In that context, the disadvantage is clear; it arises not from clinical need, but from the intersection of mobility and administrative fragmentation. Addressing it is therefore both entirely justified and absolutely necessary.

There is also a broader point about fairness and the implicit contract between the nation and those who serve. Service personnel accept a range of constraints and obligations that do not apply to the general population. They relinquish a degree of control over where they live, where they move and how they organise their family life. In return, it is entirely reasonable for them to expect that the state will take reasonable steps to ensure that those constraints do not translate into avoidable hardship for their families.

Continuity of healthcare is a particularly important aspect of that understanding. Health is not a peripheral concern; it is central to the wellbeing and stability of service families. Disruption to care can have a cascading effect on education, employment and the overall resilience of the family unit. In that sense, addressing the issue is a matter not only of fairness, but of operational effectiveness. A serviceperson who is worried about the health of their family cannot fully focus on their duties. At a time of critical need, their ability to do so is absolutely essential.

Some may raise questions about the practicalities of implementing such a system, particularly in the context of devolved health systems across the United Kingdom. It is therefore important to be clear about the scope and intent of amendment 10. It would not seek to override devolved competencies or impose a uniform model of service delivery. Rather, it would require that whatever the organisational arrangements are, mechanisms be in place to ensure continuity when patients move between them.

In many respects, the steps required are administrative rather than structural. They involve ensuring that information flows effectively, that existing clinical decisions are recognised, and that waiting positions are honoured, based on clinical need. These are matters of co-ordination, communication and guidance; they do not require wholesale reform of the system.

There are already examples of good practice in this area. In some parts of the country, arrangements have already been put in place to facilitate the transfer of patients between trusts with minimal disruption to their care. The amendment seeks to ensure that such practice becomes the norm rather than the exception.

It is also worth noting that the increasing digitalisation of healthcare records and the development of more integrated healthcare systems provide a foundation upon which this kind of continuity can be built. In many cases, the infrastructure already exists; what is needed is a clearer expectation, backed by regulation, that it should be used to support service families consistently and reliably.

[Mr Francois]

My hon. Friend is making an extremely good speech. As he and the Committee know, there is a major reform of NHS England going on. At the ground level, it means that there will be far fewer integrated care boards. In Essex, we are going from three to one, and that approach is mirrored across the country. Is not my hon. Friend’s amendment therefore very timely, because—this should appeal to the Minister—we are trying to slim down NHS bureaucracy and give ICBs more power within the system? Would my hon. Friend’s proposal not tie in extremely well with the reorganisation of integrated care boards, which hold much of the budget within the NHS?

[Dr Shastri-Hurst]

My right hon. Friend is absolutely right: this is about not only streamlining the process, but giving more heft to those who wield the power to ensure that we get improved patient outcomes at the end of it. That is what we should all be seeking.

Ultimately, the question before us is very straightforward: are we content to allow a situation to persist in which service families can lose their place in the healthcare system simply because they are required to move in the course of service, or do we consider it reasonable to take targeted steps to prevent that outcome? In my view, the answer is clear. Where treatment has begun, it should continue. Where a place on a waiting list has been earned, it should be respected. Administrative boundaries should not dictate clinical outcomes. They certainly should not impose additional burdens on those who have little choice but to cross them.

The amendment provides a measured and practical mechanism to achieve that objective. It respects the structure of the NHS, acknowledges the reality of devolution and focuses squarely on the removal of a specific and identifiable disadvantage. In doing so, it gives tangible effect to the principles of the covenant. It recognises that our obligations to service families are not merely symbolic; they require a practical expression in the design and operation of public services.

[Rachel Taylor]

Although the amendments are well-intentioned, they are somewhat problematic because they target health, education, adoption and fostering, which are all devolved to the respective Governments. They risk recklessly breaching our devolution conventions, including the Sewel convention. The purpose of the Bill is not to strain relationships with the devolved Governments; instead, it seeks to empower them to design the right solutions for each nation.

The covenant duty is intentionally flexible and is supported by guidance and existing frameworks. It allows each Government to design their response. I believe that this Government should seek to work collaboratively with the devolved Governments on supporting our armed forces, rather than prescribing duties to them in legislation.

Furthermore, our NHS already works effectively with the covenant duty to support continuity. The amendments would risk governance and clinical risks. Instead, the Government are focusing on initiatives that aim to promote awareness of the armed forces community.

The Ministry of Defence already provides comprehensive guidance for service families through the adoption and fostering defence instruction notice, which embeds the MOD’s role firmly within existing civilian-led systems. These long-standing frameworks already ensure continuity for families when they move. In combination with the strengthened covenant duty, they will provide a far more practical and effective approach than is proposed in the amendment.

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[Al Carns]

We continue to discuss with Scotland, Northern Ireland and Wales how best to enhance the cross-pollination of EHCPs and individual support plans. We will continue to do so and, in particular, will try to speed up the transition and make it smoother for highly mobile children.

To legislate in the way the shadow Minister suggests, when a White Paper is already out and changes in legislation are coming, could result in the incorrect solution for armed forces families. What I would recommend is a discussion with the Minister for Veterans and People to update the right hon. Member in full and ensure that any ideas or insights that he has are pulled into that work, so that we come up with the best collaborative solution. The Government’s preferred approach is collaboration within existing frameworks, underpinned by the covenant duty, which will deliver the practical benefits without the unintended consequences.

Amendment 12, which seeks to continue adoption and fostering arrangements automatically across local authority boundaries, would raise significant practical difficulties. Each local authority operates with its own procedures, safeguarding requirements and legal frameworks. A single, one-size-fits-all statutory requirement risks creating confusion, administrative burden and potential delays, which is precisely the kind of disruption that the amendment seeks to avoid.

The Ministry of Defence already provides comprehensive guidance for service families through the adoption and fostering defence instruction notice, which embeds the MOD’s role firmly within existing civilian-led systems. These long-standing civilian frameworks already ensure continuity for families when they move. In combination with the strengthened covenant duty, they provide a far more practical and effective approach than the amendment process.

The right hon. Member for Rayleigh and Wickford raised a specific case. I am more than happy to take it offline. If we can help directly where the system has not worked, or help with the process, I will pass it on to the Minister for Veterans and People, and we will get after that problem set.

The covenant’s statutory guidance provides a flexible and practical framework that respects local authority responsibilities while directly addressing the challenges faced by service families. It ensures that individual circumstances can be properly considered without imposing rigid requirements that may not fit every complex case.

For those reasons, the Government consider the amendment unnecessary and duplicative. We remain fully committed to supporting healthcare needs for armed forces families, improving SEN provision and ensuring robust support for those involved in adoption and fostering. We will continue to work collaboratively with delivery partners and improve guidance where needed, rather than impose inflexible statutory mandates that risk unintended consequences. I hope that that provides reassurance. I ask hon. Members not to press amendments 10, 11 or 12.

[Dr Shastri-Hurst]

I am grateful to the Minister for setting out his broad support for the intent of my amendment, if not for its practical workings. I am grateful for the invitation to meet him and his ministerial colleague to see how we can reach a settlement to ensure equality for armed forces personnel on this issue. On the basis of his reassurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Does the shadow Minister wish to press amendment 11?

--- Later in debate ---

[David Reed]

I beg to move amendment 13, in clause 2, page 6, line 37, at end insert—

“343AZC Armed Forces Covenant Action Plans

(1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations requiring a local authority to which the Armed Forces Covenant duty applies to prepare and publish an Armed Forces Action Plan.

(2) Regulations under subsection (1) must specify that an Armed Forces Action Plan set out—

(a) the steps the authority intends to take to fulfil its duties under the Armed Forces Covenant,

(b) how the authority will assess local need within the Armed Forces community, and

(c) how resources will be allocated to support delivery of those duties.

(3) A relevant local authority must, at least once in each reporting period, publish a report on progress made against its action plan.

(4) In preparing an action plan and report under this section, a relevant local authority must have regard to any guidance or outcomes issued by the Secretary of State.

(5) The Secretary of State may issue guidance, including indicative outcomes or measures, for the purposes of supporting consistent implementation and assessment of the Armed Forces Covenant duty.”

This amendment would require local authorities subject to the Covenant duty to prepare and publish an Action Plan setting out how they will deliver the duty.

The amendment, which stands in my name and in the name of my right hon. and hon. Friends, would place a clear and consistent obligation on local authorities to produce an armed forces covenant action plan. At present, there is no standardised mechanism for assessing how local authorities are delivering their covenant duties, nor is there a consistent framework for evaluating the effectiveness of delivery in practice. The absence of such a structure makes it difficult to form a clear picture of how the covenant is being implemented across the country. Without a defined framework, delivery is likely to vary among authorities, a point that has been raised today in relation to other amendments.

Some local authorities, particularly those with an established focus on armed forces issues, may continue to provide strong and proactive support. They may already have effective partnerships in place with local services charities, good engagement with their armed forces communities, and a clear understanding of local need. In some areas, local authorities are already producing plans or strategies, often working closely with the local armed forces network and charities. The amendment would build on that existing good practice, rather than starting from scratch.

Other authorities, facing a wide range of competing pressures, may find it more difficult to give their covenant commitments the same level of attention. That is not necessarily due to a lack of willingness; rather, it reflects the reality of limited capacity and competing priorities.

The result can be a variation in provision across different areas, whereby the consistency of available support may depend in part on where an individual lives. That sits uneasily with the intention behind the armed forces covenant, which is to provide a consistent commitment to those who serve or have served and to their families. The amendment is intended to support the duty by helping to ensure that the covenant is delivered in a more consistent and transparent way at a local level.

In practical terms, the absence of a structured approach presents some challenges. First, it can limit the ability of local authorities to assess the scale and nature of their armed forces community. Without a clear expectation that information will be gathered and analysed, there is a risk that need will not be fully identified. That may relate to housing, access to healthcare, employment support or the specific needs of service families who move frequently. It may also include the needs of veterans who are less visible and are therefore less likely to come into contact with services unless there is a proactive effort to reach them. If need is not clearly understood, it becomes more difficult to design services that respond effectively.

Secondly, without a clear planning framework, resource allocations can become less strategic. Decisions may be taken on a reactive basis, responding to immediate issues as they arise rather than being guided by a longer-term assessment of the need. Given the financial pressures facing local authorities, that is understandable. However, it increases the risk that covenant-related activity will not be prioritised consistently, particularly when it is not clearly set out alongside other statutory responsibilities. A more structured approach would allow better co-ordination of support between services, including housing, healthcare and employment support, where needs often overlap and require a joined-up response.

Thirdly, the absence of a requirement to set priorities or to publish reports on progress makes it harder to assess how covenant duties are being delivered in practice. It becomes more difficult for central Government to understand what is happening at a local level; it is also more difficult for local stakeholders, including service charities and armed forces families, to see what support is available and how it is being developed. Those issues were reflected in earlier evidence sessions, in which concerns were raised about the lack of consistent metrics and the difficulty of comparing delivery between authorities.

[Dr Shastri-Hurst]

My hon. Friend is making a very powerful speech. Does he not consider one advantage of these action plans to be shared learning across local authorities, as those with more experience can aid those with less experience in improving the standard and delivery of support for veterans and the armed forces community?

[David Reed]

My hon. Friend makes a very good point. Looking across the Committee, I see Members who have served in local government, some of whom may have had military experience before doing so. They would have been able to apply their experience, and that of their families, to their work as elected councillors. However, that is not standard across the country, which takes us back to my central point: given the financial pressures and other statutory pressures, we can see why, without a requirement for a clear plan, implementation becomes difficult for a local authority that does not have experience.

The lack of comparability limits our ability to identify where approaches are working well and where improvements may be needed. It also makes it harder to share learning among areas. Amendment 13 seeks to address those points in a proportionate and practical way. It would not impose a detailed or overly prescriptive model, as it is not bureaucratic in nature, and it would not remove flexibility from local authorities; authorities that want to do a lot more could do so, which would perhaps be fed back into central Government. Instead, it would establish a clear expectation that each authority take a structured approach to delivering its covenant responsibilities.

It is important to be clear about what the amendment would not do. It would not impose a complex or resource-intensive new burden. Many local authorities are already undertaking elements of this work; the amendment would simply bring that activity into a clearer and more consistent framework. It would require local authorities to produce an armed forces covenant action plan, which I am sure would be developed in conjunction with the Ministry of Defence, bringing together experience from where it is being done well in local government. That plan would set out in clear terms the steps that the authority intends to take to meet its obligations. It would provide a more coherent framework for delivery, bringing together activity that might otherwise be spread across different services.

Importantly, amendment 13 would also require authorities to assess the level and nature of the need within their local armed forces community. This key element would ensure that planning is informed by evidence, rather than assumptions. It would also encourage engagement with those directly affected, including service personnel, veterans and their families, as well as the organisations that support them. In addition, the amendment would require authorities to set out how resources would be allocated to meet that identified need, helping to create a clearer link between assessment and delivery. It would support more transparent decision making and would help to ensure that commitments are reflected in practice.

The requirement to report on progress is another important part of the amendment. It would introduce greater transparency, allowing central Government, local partners and the armed forces community to understand how the covenant is being delivered in particular areas. That transparency would support activity and accountability; allow local authorities to demonstrate the work that they are undertaking, including where progress has been made and where further development is needed; and provide a basis for identifying effective approaches and sharing good practice.

I will wrap up, because I am conscious of time. Amendment 13 is an important amendment. It would give local authorities a framework to work with central Government to carry out their new statutory duties, while managing their workload across competing priorities.