Defence

The MOD’S formal response to the Service Complaints Ombudsman’s (SCO) annual report for 2020 on the fairness, effectiveness and efficiency of the service complaints system has today been placed in the Library of the House.

The ombudsman’s report assessed the fifth year of operation of the reformed service complaints system which was implemented on 1 January 2016 and the work of her office in 2020. The response sets out MOD’s comments and approach to each of the ombudsman’s observations that she has made and includes a summary of our position on recommendations made in previous annual reports.

The MOD values the strong independent oversight that the ombudsman brings to the service complaints process, and remains committed to having a system in which our personnel can have confidence. This will include progressing outstanding recommendations and observations, together with improvements identified in Air Marshal Wigston’s report in April 2019 on inappropriate behaviours.

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It is vital for UK Defence that our service justice system has the most up-to-date framework, skills and processes in place to deal with all allegations of offending. At the heart of the service justice system must be robust, independent, and trusted investigation processes that have the confidence of service personnel and the international community. It is for this reason, that on 13 October 2020, I announced a review by Sir Richard Henriques to examine investigative and prosecutorial processes for dealing with allegations of offences on overseas operations and improve the quality of investigations and their outcomes.

The review was to build upon but not reopen the recommendations of the service justice system review by HH Shaun Lyons and Sir Jon Murphy. The review was to be forward looking and, whilst drawing on insights from the handling of allegations from recent operations, was not to reconsider past investigative or prosecutorial decisions or reopen historical cases.

I am pleased today to publish that report. I am very grateful for the comprehensive and considered work Sir Richard has undertaken and I particularly welcome his recognition of the need for a separate system of military justice. With the improvements which will flow from his recommendations we can be confident it will be a more efficient and effective system for the accused and for victims.

Sir Richard’s report contains 64 recommendations, approximately a third of which are focused on taking forward the establishment of a defence serious crime unit, which was originally proposed in the earlier Lyons/Murphy review of the service justice system. There are also operations-related recommendations (improved training, detention processes and record-keeping), recommendations for non-statutory protocols between the service police, the Service Prosecuting Authority and the judge advocate general relating to the investigation of allegations against UK forces of unlawful killing and ill-treatment in the context of overseas operations, recommendations for improving the technical/IT systems supporting the service courts, and recommendations relating to summary hearings. I particularly welcome Sir Richard’s support of the provisions in the current Armed Forces Bill to retain concurrent jurisdiction, and that the creation of the defence serious crime unit will help drive up conviction rates for serious offences.