Armed Forces Bill (First sitting)

Paul Foster Excerpts

Tuesday 24th March 2026 Public Bill Committees

[David Reed]

I thank the hon. Gentleman for his intervention. He has a lot of experience in local government, so I take his view on this topic and look forward to hearing his substantive speech on it.

Amendment 8 does not introduce a new or burdensome requirement. It simply reflects existing guidelines and established practice, and provides clarity, not complication. By setting out what due regard means in the Bill, we ensure that everyone is working from the same understanding from the outset. In practical terms, placing a definition in the Bill would make it clear that local authorities and other relevant bodies must consciously consider the needs of the armed forces community when making decisions in scope of the covenant. It would require more than a cursory acknowledgment; it would require proper thought, proper sentiment and a willingness to adjust decisions where appropriate. That is not an unreasonable expectation. Local authorities already operate within similar frameworks in other areas of public policy, and the duty to have due regard is well understood in some areas and councils.

[Mr Paul Foster (South Ribble) (Lab)]

Does the hon. Gentleman not agree that we may be jumping the gun slightly? The covenant’s statutory guidance will explain in detail what due regard means in practice.

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[Rachel Taylor]

I thank the hon. Member for clarifying that, but instead we should push our local authorities and other public bodies to create tailored solutions. For example, I recently asked organisations in my constituency how they are supporting the armed forces covenant, and I was delighted with the response I received. Organisations reached out to explain the specific actions that they have taken, and how they have gone above and beyond to support armed forces personnel, veterans and their families.

Warwickshire police told me that it has achieved gold status in the defence employer recognition scheme, which is managed by the Ministry of Defence. It has developed an armed forces network that has worked hard to develop referral pathways for veterans and their families. We should encourage organisations to aspire to be the best that they can be and to achieve that gold status, rather than enforcing a basic minimum.

[Mr Foster]

Does my hon. Friend share my concern that, with this amendment, we run the risk of creating a minimal requirement that organisations may seek to meet, without going any further, thus undermining the delivery and service of the covenant for our veterans?

[Rachel Taylor]

I thank my hon. Friend for his intervention, and that is exactly the point I am making. We need to encourage the best from all our services, local authorities, police, education, courts and so on. We should not lose the approach of striving for the best, in favour of having a national minimum, because that becomes a drive to the bottom. We need to allow organisations to design their own approach with their local community to do the best they can for the armed forces—veterans and serving personnel—within their communities.

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[Al Carns]

Empowering armed forces champions is not necessarily the solution; unfortunately, whether we like it or not, armed forces champions differ between councils. I am not an expert, as some members of the Committee are, but I have travelled to many local councils and seen where it works exceptionally well. For example, in Manchester, armed forces champions are paid and employed by the council and have clear terms of reference. Other areas do not even have armed forces champions. To deliver the most consistent change, the solution is not necessarily to empower armed forces champions but to provide a set of terms of reference for the accountable individuals in councils to uphold the covenant and support veterans, across the entire nation, in line with the Valour programme.

[Mr Foster]

On this Committee, we have veterans and former council leaders, and I am both. One of the main reasons for all the changes being made in the Bill is a recognition that, historically, the covenant has not been delivered appropriately by local authorities. However, does the Minister agree that there is evidence that it has significantly improved recently, and that including Op Valour will take that improvement a step further?

[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.

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[Mr Francois]

Having been a Member of Parliament for 25 years in June, I have learned not to look a gift horse in the mouth. I say that in the nicest possible way, so I will take the hint, and having gone to the trouble of writing the speech, I will definitely submit it.

To continue, if a service family were based at Tidworth and, perhaps after some considerable time, had secured an EHCP from Wiltshire as the local education authority, but were then posted to Catterick, they would potentially have to go through the process all over again in Yorkshire. It could be another two years of agony to get back to where they already were before they moved.

As the Minister pointed out in his helpful letter to the Committee of 9 March, the Department for Education has produced—here is that word again—“guidelines” that should help facilitate the passporting, in effect, of EHCPs from one military garrison or equivalent airbase or naval base to another in a different LEA area, so there is already a process in place to do that. The problem, however, is that those guidelines are facilitative rather than mandatory. In other words, if the receiving LEA—in Yorkshire, in our example—was already under serious financial pressure and already had delays in its system for granting EHCPs, it is possible that, despite the armed forces covenant, the receiving LEA might yet be unreasonable and still force the service family to go back to square one and start all over again. Without taking the Committee for granted in any way, I strongly suspect that Members from all parties would find that situation highly undesirable.

[Mr Foster]

Is it not the case that a civilian family who lived in Wiltshire and moved to Yorkshire would face exactly the same challenges as the service family? The covenant is about service personnel and families not being at a disadvantage compared with their civilian counterparts. Actually, they are already not at a disadvantage because both are dealt with in exactly the same way.

[Mr Francois]

The hon. Member is making my point for me. In the civilian context they might not be ordered to move, but in a military context their whole unit might move, so they do not have a choice. If they are going to follow the drum—follow the flag—they have to go from Tidworth to Catterick. If, therefore, the LEA covering Catterick were difficult about it, they would have to start the journey all over again. When I was doing the “Stick or Twist?” report, I spoke to a number of service personnel, so we had anecdotal evidence, although I am afraid not a league table. We certainly spoke to people who were contemplating leaving the military because they were in exactly that situation and simply could not face the challenge of having to move and start all over again. They would rather leave the service of the Crown and keep the bird in the hand—for want of a better phrase—staying with the EHCP that they had, than move to a new location, roll the dice and start all over again. That is the fundamental difference.

An absolute principle of the covenant—as, to be fair, the hon. Member for South Ribble rightly elucidated—is that service personnel and their families should suffer no disadvantage as a result of their military service. This is a very specific example of where they do, and we called the report “Stick or Twist?” because, in this case, that is the dilemma that they would face. I have done my best, I hope, to answer the hon. Gentleman’s question, so I will try to move towards a conclusion without trying your patience, Mr Efford.

In essence, amendment 11 seeks to make provision for the Secretary of State to produce guidelines within six months such that the receiving authority must accept that transfer as legitimate and seek to passport across whatever benefits were provided for in the EHCP, or in the national equivalent in the devolved Administrations. On a point of detail, as an EHCP usually includes a named school for that child to go to, whether mainstream or specialist, the service family should also be given a reasonable period of time in order to help negotiate and select a named school in the receiving area, ideally before their posting comes into effect, so that the child could, as it were, know their fate and begin to establish links in the new school. I hope Committee members appreciate that for children with certain SEN conditions, moving educational settings can be a disturbing experience. That is why I put that provision into the amendment.

I hope the Committee will forgive me for having gone into considerable detail about all this, but special educational needs is perforce a rather complicated subject. Nevertheless, I hope that the Committee can understand what I and my hon. Friends seek to achieve here, and I hope that we might somehow be able to co-opt the Committee on a cross-party basis to bring it through. The spirit is simple: one of the key principles of the armed forces covenant is that service personnel should suffer no disadvantage relative to their civilian counterparts by virtue of their service, and I believe that that should apply equally in the field of special needs education as elsewhere.

Having presented my case, and so as not to try the Committee’s patience, I genuinely look forward to hearing other members of the Committee, especially the Minister when he sums up, and their views of amendment 11. I shall not discuss amendment 12 now, but will let someone else have a go. Perhaps, Mr Efford, you will call me to speak briefly to that amendment later. Other than that, I rest my case.