I am a passionate advocate for supporting our armed forces families: my grandmother was a war widow. Ironically, given my role as chief legal and monitoring officer, it has never been about the legal duties for me but rather, out of moral duty.
Over the years and since the introduction of the Royal British Legion covenant obligations in 2011, I have used my positions, including acting chief executive, deputy chief executive director of corporate services and others, to advocate for changes in the way councils deliver services.
Alongside my substantive role, I have held the post of lead officer on the covenant obligations within the authorities I have worked in – currently for Westmorland and Furness Council.
The Armed Forces Covenant is a promise from the nation that those who serve or have served in the armed forces and their families, are treated fairly and not disadvantaged. In some cases, such as the sick, injured or bereaved, this means giving special consideration to allow them access to public or commercial services that civilians receive.
It also aims to highlight the sacrifices made by members of the armed forces, promote greater understanding of the issues facing them and help to fully integrate them into the community.
Great work has been delivered honouring the covenant obligations, but rather than being the seismic change that is needed, many councils and partners rely on a random assortment of funding.
Slow progress has been made in terms of effecting sustainable change. Councils regularly must chase the latest initiative or offer of funding. It will remain to be seen if Valour – a new national programme designed to make it easier for veterans to access care and support – will make the difference required, with pilots selected across the country. Regional field officers are planned to co-ordinate activity.
Why has progress not been fast enough?
- The armed forces charity sector is one of the largest and it can be difficult to navigate support.
- There has been a failure to commission services centrally, or to provide direct funding to councils by government. Instead, councils apply for funding, often bidding against each other and creating a postcode lottery of support.
- We do not always understand the lived experience of our veterans and their families.
- Integrated support is often lacking: hand-offs from healthcare, councils and partners are often insufficient or non-existent.
- Councils and their partners do not routinely commission services with armed forces families in mind.
- We lack data in all areas on our veterans (the 2021 Census gave us an insight but this is not enough).
- Not all council services routinely ask relevant questions at customer access points such as: Have you served in the armed forces? Are you currently serving? Are you an immediate family member? Are you a war widow(er)? Veterans' ID cards are a helpful way of validating any response.
- Training of our frontline staff on the pathways for armed forces families is critical to making the change required.
- Armed forces boards are inconsistent across the country.
-There is a postcode lottery of integrated support.
- Councils have funding pressures with housing teams also under pressure.
- Local government reorganisation will impact on the networks that have been established and work being delivered.
Since being established as Westmorland and Furness Council in April 2023, our council signed the Armed Forces Covenant at the earliest opportunity and established an armed forces board.
We have a network of more than 80 partner organisations, veterans and armed forces families who attend. This is going from strength-to-strength.
We are piloting armed forces family support pathways with armed forces charity SSAFA across our council footprint and have commissioned a preventative project with the Defence Medical Welfare Service.
The Armed Forces Act, regulations and guidance
The Armed Forces Act 2021 s8 amends the Armed Forces Act 2006 Part 16A by introducing s343AA and s343AF to create a legal obligation on relevant bodies, when exercising relevant statutory functions, to have ‘due regard' to the principles of the Armed Forces Covenant.
It applies to specific functions within the fields of healthcare, education and housing services.
The Armed Forces (Covenant) Regulations 2022 define ‘relevant family member' for the purpose of the legal duty. When the council exercises a relevant function it must have due regard to:
a) the unique obligations of, and sacrifices made by the armed forces and
b) the principle that it is desirable to remove disadvantages arising from service people from membership of, or former membership, of the armed forces and
c) the principle that special provision for service people may be justified by the effects on such people of membership of, or former membership of the armed forces.
Summary of functions in scope of the covenant duty
Healthcare in the settings of NHS primary care, NHS secondary care and local authority delivered health care services, the following functions: Provision of services, planning and funding and co-operation between bodies and professionals.
Education in compulsory education settings: Admissions; educational attainment and curriculum; child wellbeing transport attendance; additional needs support; use of service pupil premium funding.
Housing allocations policy for social housing tenancy strategies, homelessness, disabled facilities grants.
No council has yet been taken to task on non-compliance with the limited duties under the 2021 Act.
Extension of duties
The Government has announced that it intends to extend the Armed Forces Act 2021 duties (without extra burdens funding) so councils and government departments who are already under pressure with budgets will need to consider how they will meet the extra duties. The policy areas proposed include:
Healthcare; education; housing; employment; social care; childcare; welfare benefits; pensions; personal taxation; criminal justice; immigration; citizenship; service-related compensation and transport.
To conclude, many of us will continue to advocate for our armed forces families, but we need to make the changes sustainable to be effective.
Additional duties need to be properly funded, and services properly commissioned to make the change that is needed at scale.
Linda Jones is chief legal and monitoring officer and lead officer for the armed forces at Westmorland and Furness Council
