Conclusions and recommendations
1. The
Commissioner must be informed of decisions taken on referred matters
not related to prescribed behaviours. It is not sufficient that
the chain of command has a statutory obligation to inform the
Commissioner of decisions taken on referred matters relating to
prescribed behaviours. (Paragraph 31)
2. We commend Dr Atkins
for her decision to undertake regular and frequent visits to military
bases and to operational theatre to gain an understanding of the
environment of the three Services, and how the complaints system
operates in practice. We hope she will continue to visit Service
establishments and operational theatre regularly. (Paragraph 34)
3. Some work has evidently
been undertaken to advertise and explain the Commissioner's role.
However, we believe that it is essential that the attention of
Service men and women is drawn more comprehensively to the Commissioner's
role by the MoD and that regular communications are made to maintain
this attention. We hope that the MoD and each Service will continue
to support the Commissioner's work in this area. (Paragraph 36)
4. We consider the
Commissioner's access to key Service personnel to be of vital
importance to her duties. The Commissioner has stated that it
will remain a priority for her and we recommend that the MoD continues
to encourage regular communication between the Commissioner and
key Service personnel and Service agencies. (Paragraph 38)
5. The powers of the
Service Complaints Commissioner fall short of those envisaged
by both our predecessor Committee in its Duty of Care Report,
and by Sir Nicholas Blake in his Report following the Deepcut
Review. It is still too early to decide whether the Commissioner
has sufficient powers. We agree that the Commissioner will be
much better placed to judge the performance of the system in her
next Report. We recommend that our successor Committee takes further
evidence from the Commissioner on this particular matter of powers
at the appropriate time. (Paragraph 41)
6. We support the
Commissioner's request that she receive reports on non-combat
deaths, and find the MoD's initial compliance encouraging. However,
we are concerned that the Commissioner does not have a statutory
right to receive such reports, and we expect the MoD to continue
to keep the Commissioner informed systematically of any such deaths
in the absence of such a right. (Paragraph 43)
7. We agree with the
Commissioner's view that having a reliable complaints recording
system is an essential foundation for an effective Service Complaints
System. (Paragraph 44)
8. The Commissioner
has accepted that implementing the Defence Internal Audit recommendation
on providing returns for general complaints would be counterproductive
at this stage. However, she believes that systemic weakness in
the recording of complaints remains, as does the need for good
management information on all Service complaints to support proactive
management at unit, as well as higher, levels. The work by the
MoD and Services on upgrading JPA should include the ability to
meet this recommendation without these adverse consequences. We
support the Commissioner's view. (Paragraph 46)
9. It is vital that
the Commissioner is given the resources needed to cope with the
expected increase in initial contacts. We intend to follow with
great attention the extent of the resources placed at her disposal
by the MoD. (Paragraph 47)
10. We are concerned
that staff resources requested by the Commissioner in order to
undertake her statutory duties were seemingly not given proper
priority by the MoD. As a result, the Commissioner's plans to
undertake a sample audit of complaints had to be shelved. We recommend
that the MoD offers more generous support to the Commissioner
in future, in assisting her to minimize the impact of any delays
in recruiting staff and to ensure that she can carry out effectively
the tasks entrusted to her. (Paragraph 49)
11. It is imperative
that individuals who contact the Commissioner initially feel confident
in her and in her place within the Service Complaints System.
The MoD should provide the Commissioner with the resources which
she feels are necessary to achieve good customer service. (Paragraph
50)
12. We support the
general thrust of the Commissioner's conclusions, recommendations
and objectives and expect the MoD to consider carefully each recommendation
in its response to the Commissioner's report. We consider that
she has made an impressive start. (Paragraph 51)
13. To ensure that
the Commissioner's work is brought properly to the attention of
all Members of Parliament, and to comply with a statutory requirement,
the Secretary of State must lay the Commissioner's next annual
report formally before the House as an Act Paper. We hope that
the failure properly to lay the first annual report of the Commissioner
before Parliament is in no way indicative of the low profile accorded
to the work of the Commissioner by the MoD. (Paragraph 52)
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