Government response
Introduction
The Ministry of Defence (MoD) welcomes the Committee's
report on the Service Complaints Commissioner's (SCC) first year
in post. The Committee's long held interest in this subject continues
to help us in shaping the role of the SCC.
The establishment of the post of Service Complaints
Commissioner was an important part of our response to Sir Nicholas
Blake's review into the deaths at Princess Royal Barracks at Deepcut;
and of our commitment as part of that response to continuous improvement
in ensuring the well being and safety of all our personnel. The
Commissioner's role is a significant and valuable part of the
Service complaints system. In its formal response to the Commissioner's
first annual report, MoD welcomed her findings.
The Committee may wish to note that we are committed
to implementing all of the recommendations in the report and work
is already well underway to address many of them. Implementation
will not be fully achieved within the 2009 calendar year or the
Commissioner's full term in post where the Commissioner's recommendations
or objectives have a resource implication. For example, the Joint
Personnel Administration (JPA) system is currently due to be upgraded
by the end of 2010 to include an end-to-end electronic complaints
recording and tracking element. The Committee will appreciate
that, taken together, the recommendations constitute a significant
challenge and one which is all the greater at a time of increasing
pressure on public finances.
The MoD's response to each of the Committee's conclusions
and recommendations, setting out how we intend to address them,
is set out below.
Response to the Committee's Conclusions and Recommendations
1. (Recommendation 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)
For each case she refers to the chain of command,
the Commissioner decides whether she wishes to be kept informed
of progress and/or the outcome. Dr. Atkins has sought independent
legal advice on this issue and has been advised that she is entitled,
under her current statutory powers, to seek this information from
the chain of command. It is becoming routine business for the
chain of command to keep the Commissioner informed of decisions
taken on allegations of non-prescribed behaviour. Updates on complaints
are monitored and hastened where necessary by the Service complaints
central secretariat and single Service secretariat/casework teams.
2. (Recommendation 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)
Whilst this is of course principally a matter for
the Commissioner, MoD can assure the Committee that the Services
are committed to supporting her visits to establishments. The
Services regularly provide input to the Commissioner's visit programme
to help maximise her understanding of the Service environment
and to assist her in getting the most from her meetings with Service
personnel.
3. (Recommendation 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)
Since the Commissioner's role came in to effect in
January 2008, MoD and all three of the Services have undertaken
a wide variety of communications initiatives to bring her post
to the attention of Service personnel at all levels. We are committed
to maintaining that activity. The Commissioner's website was advertised
in Service payslips last year and the Services have added the
role of the Commissioner to their Service complaints literature.
Bullying and Harassment leaflets, for example, which are made
available to all personnel, have been amended to include the Commissioner's
role. Leaflets aimed at recruits and trainees also include information
about the role of the Commissioner and the Service complaints
process. Furthermore, over 40,000 of her own leaflets and posters
have been promulgated to junior ranks and the services have invited
the Commissioner to attend regular events such as passing out
parades as part of her visit programme. Finally, Dr. Atkins is
being invited to speak at targeted events, such as Commanding
Officer (Designate) courses, across all three Services during
2009 and beyond. This action is designed to raise awareness of
the Commissioner's role with the chain of command and with personnel
staff who handle Service complaints.
4. (Recommendation 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)
MoD agrees that it is important that the Commissioner
continues to meet key Service personnel so that she can discuss
her objectives, raise emerging findings and gain a wide understanding
of the Services. The Commissioner recently met the Chiefs of Staff
to discuss her Annual Report and meets the Service Personnel Board
at least three times per year. The Commissioner is advised when
key Ministerial, Service and civilian appointments change to enable
her to meet new personnel soon after they take up their new posts.
5. (Recommendation 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)
MoD supports both the Committee's and the Commissioner's
view that it is still too early to decide whether the Commissioner
has sufficient powers. We look forward to receiving the Commissioner's
second Annual Report and the Committee's subsequent views on this
and any further matters.
6. (Recommendation 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)
The MoD and Services will continue to provide information
to the Commissioner on deaths in training and unexplained non-combat
deaths. The Commissioner is also informed of serious allegations
of bullying and harassment reported to the chain of command. These
provide her with a wider context against which to assess the complaints
process. The mechanism has been in place since November 2008 and
the MoD and Services will review this process with the Commissioner
later in 2009 to ensure it is meeting the needs of all parties.
7. (Recommendation 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. (Recommendation 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)
MoD acknowledges the need for a reliable complaints
recording system. Work has been underway since Autumn 2008 to
develop an end-to-end electronic complaints process to record,
track and monitor complaints. This work is progressing well and
it is anticipated that the upgrade to the Service complaints element
of the JPA system will be delivered in 2010.
Management information on Service complaints will
improve as a result of an upgrade to the discipline element of
JPA later in 2009. Reports extracted from JPA will include more
categories that the Commissioner has asked for in her statistics
collation. This will be further improved as part of the end-to-end
electronic complaints system due to be delivered in 2010, where
management information is a key element of the development work.
9. (Recommendation 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. (Recommendation 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. (Recommendation 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)
MoD has consistently placed the highest priority
on providing the SCC with staff resources. All requests by the
Commissioner for staff resources over the last 18 months have
been met in full. We have doubled the complement of the Commissioner's
office compared to January 2008. Recruitment for a Guardianship
and Audit Manager is currently underway. In the meantime, a short
term secondment has been arranged for a Defence Internal Audit
staff member to carry out casework audits for the Commissioner's
2009 annual report. The Commissioner has also been provided with
an additional temporary member of staff to cover a recent period
of sick absence by one of her permanent staff. We are also engaged
with the Commissioner to assist her to plan more effectively for
possible future extra resources.
12. (Recommendation 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)
MoD is fully committed to making a success of the
Commissioner's role. Implementing the Commissioner's recommendations
will help to continue improving the current system and increase
confidence amongst Service personnel. MoD formally responded to
the Commissioner's report on 7 July 2009.
13. (Recommendation 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)
MoD is grateful to the Committee for pointing out
this oversight. MoD will ensure that each future Annual Report
from the Commissioner is formally laid before the House as an
Act Paper. The Commissioner's first annual report was laid as
an Act Paper on 16 July 2009.
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