2 Background to the post
The
role of the Service Complaints Commissioner
2. The current Service complaints process was introduced
by the Armed Forces Act 2006 and came into effect on 1 January
2008, replacing the separate single Service legislation and processes
that had previously existed. The 2006 Act also established the
office of the Service Complaints Commissioner. The Commissioner's
role in the complaints process has two functions:
· To
provide an alternative point of contact for Service personnel,
or someone acting on their behalf, such as a family member, a
friend or MP, who for whatever reason does not have the confidence,
or is not able, to raise allegations of bullying, harassment,
discrimination or other improper behaviour directly with the chain
of command; and
· To providence
independent assurance on the fairness, effectiveness and efficiency
of the service complaints system to ministers, the Services and
Parliament by way of an annual report.[1]
3. In each of her Annual Reports, the current Commissioner,
Dr Susan Atkins, has stated that she was unable to give "an
assurance that the Service complaints system is working efficiently,
effectively or fairly". Following our February 2013 report
on the work of the Service Complaints Commissioner, the MoD and
the Commissioner began discussions on reforming the Commissioner's
role. On 13 March 2014, the Government set out plans to establish
a new Service Complaints Ombudsman in place of the Commissioner
and to reform the complaints system.[2]
The new Ombudsman would be appointed by the Queen on the recommendation
of the Secretary of State for Defence. The key features of the
Ombudsman's role will be:
· the
power, unlike now, to consider whether a Service complaint has
been handled properly (once it has completed the internal complaints
process);
· where
the Ombudsman considers that there has been maladministration
and injustice or potential injustice in the handling of a case,
the Ombudsman would make formal recommendations to the Defence
Council for a Service complaint to be reopened and reconsidered;
· complainants
will accordingly gain a new right to apply to the Ombudsman if
they believe that the handling of their complaint has been subject
to maladministration. This right can be exercised once the internal
stages have been completed, which will normally mean after one
level of appeal, and will replace the right to pursue further
appeals within the internal complaints process; and
· at an
earlier stage of the complaints procedure, where a decision is
made not to allow a complaint to be considered within the Service
complaints system (because it is out of time or excluded on other
grounds), a Service person could ask the Ombudsman to determine
whether that decision was correct. The Ombudsman's decision will
be binding.[3]
4. The Ombudsman will retain the role of providing
an alternative route for Service personnel (or someone acting
on their behalf such as a family member, friend or MP) who do
not wish to approach the chain of command directly to have allegations
fed into the system. The requirement on the Service Complaints
Commissioner to produce an annual report on the fairness, efficiency
and effectiveness of the Service complaints system will also transfer
to the Ombudsman.[4]
5. On 5 June 2014, the Armed Forces (Service Complaints
and Financial Assistance) Bill was introduced in the House of
Lords to provide the legal basis for the proposed changes.[5]
During the House of Lords' consideration of the Bill we undertook
a short inquiry into the provisions of the Bill and published
our report on 23 October 2014 to assist the House of Commons in
its scrutiny of the legislation. Our report included recommendations
regarding the appointments process for the Ombudsman and his or
her powers.[6] We are awaiting
the Government response to our report. The House of Lords has
completed its consideration of the Bill and it is currently awaiting
consideration by the House of Commons. The MoD envisage that the
successful candidate for the post of Service Complaints Commissioner
will in the first instance take on the role and powers of the
Commissioner, and once the legislation has come into force, the
new role of the Service Complaints Ombudsman with its increased
powers.[7]
6. The current Commissioner works three days per
week while the Ombudsman will be appointed on a full time basis
for a non-renewable five year term with a salary of £130,000.[8]
The person specification for the post set out the following skills
and experience for the role:[9]
Essential criteria:
· Proven
senior level record of achievement within dynamic medium to large
organisations, particularly in leading the management of change.
· Excellent
oral communication and inter-personal skills with an ability to
communicate effectively with people at all levels including Ministers,
the most junior to the most senior of those serving in the Armed
Forces and other interested parties, such as MPs, the House of
Commons Defence Committee, Service charities and families.
· Excellent
analytical skills with an ability to examine complex and detailed
information and make sound, evidence-based judgements and recommendations.
· Excellent
written communication skills with experience of producing reports
which include evidence based recommendations.
Desirable criteria:
· Experience
of design and implementation of quasi-judicial or publicly scrutinised
processes.
· Proven
ability to work in an environment of close parliamentary, media
and public scrutiny.
1 Defence Committee, Eighth Report of Session 2012-13,
The work of the Service Complaints Commissioner for the Armed Forces,
HC 720 Back
2
HC Deb, 13 March 2014, cols 35-36WS Back
3
Ministry of Defence (PRE0001) Back
4
Ministry of Defence (PRE0001) Back
5
Armed Forces (Service Complaints and Financial Assistance) Bill
[Lords] [Bill 003 (2014-15)] Back
6
Defence Committee, Fifth Report of Session 2014-15, Armed Forces (Service Complaints and Financial Assistance) Bill,
HC 508 Back
7
Ministry of Defence (PRE0001) Back
8
Ministry of Defence (PRE0001) Back
9
Ministry of Defence (PRE0001) Back
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