3 The Service Complaints System
14. In this chapter we set out the Service Complaints
System that is explained to Service personnel in Joint Service
Publication 831. The latest edition of this publication, which
we summarise below, came out in December 2008.[12]
The Complaints Procedure
15. Any person subject to Service law who thinks
that they have been wronged in any matter relating to their Service
has a statutory right to make a Service complaint. From 1 January
2008, as part of the implementation of the Armed Forces Act 2006,
any serving or former member of the Armed Forces can also contact
the Service Complaints Commissioner independently. All Complaints
are resolved at one of three levels: Commanding Officer (Level
1), Superior Officer (Level 2), and the Defence Council (Level
3). January 2008 also saw the introduction of Service Complaints
Panels, which will include an independent member to consider certain
cases.
LEVEL 1: THE COMMANDING OFFICER
16. Normally, the Commanding Officer (CO) is the
officer who has been appointed by the appropriate authority to
be CO of a ship, unit or establishment and is able effectively
to exercise their powers as such.[13]
If the CO is the subject of complaint, the complaint is made to
the CO's immediate superior in the chain of command. If that officer
is also implicated, an officer of equal rank to the CO is nominated
by the lead headquarters for that Service. If a complaint is made
about a decision of the CO to reject a Service complaint, the
CO passes it on to the Superior Officer.
17. Having considered a complaint, the CO may decide
to
uphold the complaint and grant any redress which
is appropriate within the CO's authority;
Reject the complaint (this does not prevent that
decision being reversed at a higher level); or
Refer the complaint. If the CO believes that the
complaint is well founded but lacks the authority to grant the
redress sought, it is referred to his superior officer.
18. After reaching a decision, the CO informs the
complainant, and anyone implicated in the complaint, in writing.
If the complainant is not satisfied with the CO's decision he
or she may apply in writing for the complaint to be referred to
a higher level (the superior officer).
LEVEL 2: THE SUPERIOR OFFICER
19. The Superior Officer (SO) must be at least one
rank above the CO considering the complaint. They must be an officer:
of or above the rank of rear admiral, major-general
or air vice-marshal; or
of above the rank of RN captain, colonel or group
captain who has been authorised by an officer (from (a) above)
to carry out the function of SO.
20. The SO may receive a complaint in the following
circumstances:
referred from the CO; or
referred from the CO because the complainant was
not satisfied by the decision or the redress offered by the CO.
21. Having considered a complaint, the SO may decide
to uphold, reject or refer the complaint to Defence Council level
(Level 3). After reaching a decision, the SO informs the complainant,
and anyone implicated in the complaint, in writing. If the complainant
is not satisfied with the SO's decision they may apply in writing
for the complaint to be referred to the Defence Council.
LEVEL 3: THE DEFENCE COUNCIL
22. Complaints that are referred to the Defence Council
level are received by single Service secretariats. Complaints
at this level may be dealt with in the following ways:
the Defence Council may consider and make a decision
on the complaint. In practice, the single Service Boards will
deal with the complaint.
the Defence Council may delegate the function of
considering and deciding complaints to a Service Complaints Panel
(SCP).
the Defence Council may refer a complaint to an SCP
for consideration and a recommendation, but will take the decision
on the complaint itself.
the Defence Council may require an SCP to assist
it, and authorise investigation of the complaint by an SCP or
another person.
23. In considering complaints, the single Service
Board will comprise at least 2 members. The members may consider
the complaint papers separately before meeting together to decide
the case.
SERVICE COMPLAINTS PANELS
24. SCPs have the full delegated powers of the Defence
Council. They will normally consist of two serving officers of
at least one-star rank, usually of the same Service as the complainant.
Single Service secretariats are responsible for nominating SCP
members, except that independent members are nominated by the
central secretariat.
25. When an independent member is required on an
SCP, that SCP will consist of three members. An independent member
can be any person appointed by the Secretary of State who is neither:
a member of the regular or reserve forces, or
a person employed in the civil service.
26. Under the Armed Forces Act, an independent member
is required for complaints relating to allegations of:
- discrimination,
- harassment,
- bullying, or
- dishonest, improper or biased behaviour.
These subjects of allegations are referred to as
'prescribed behaviours'.
27. Decisions by SCPs have to be unanimous or by
simple majority if there are more than two members on the SCP.
Decisions of SCPs are final. Having considered a complaint, the
Defence Council may decide to uphold and grant the appropriate
redress, or reject the complaint. After reaching a decision, the
Defence Council informs the complainant, and anyone implicated
in the complaint, in writing. The letter should contain information
on the next steps available to the complainant and that if the
complainant remains dissatisfied, where to get further assistance.
12 Joint Service publication 831, Redress of Individual
Grievances: Service Complaints Issue 2.0, Ministry of Defence,
1 December 2008 Back
13
Where the CO is a one-star officer, he may delegate to officers
serving under command of colonel rank or equivalent the function
in respect of Service complaints. Back
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