New Service Complaints Commissioner open for business

In a message to all Service personnel, Dr Atkins said:

"The men and women who serve with our armed services are trained to act with professionalism, integrity and respect for others and ultimately to lay down their lives for our country. They deserve to be treated well and where they feel they are not, to have their complaints handled properly.

"The Armed Forces Act 2006 has introduced a new system for dealing with their complaints. It is intended to make the complaints procedure faster, fairer and more transparent.

"My role as Service Complaints Commissioner is to act as an independent 'watchdog' for this system. I monitor and hold the three Services to account for the way they handle all complaints from Service men and women. I have the power to raise issues of concern at the highest levels within the Services and directly with Ministers.

"Each year I will report to Ministers and Parliament on how effectively, fairly and efficiently the system is working and make recommendations for improvements as necessary.

"My aim is to ensure that all Service men and women and their families have confidence in the complaints process and that they are treated properly.

"I have particular powers where the Service man or woman wishes to complain, through me, about unacceptable behaviour such as bullying, harassment, discrimination or victimisation. I am an alternative independent point of contact for those who, for whatever reason, do not have confidence in raising such issues directly with their commanding officer.

"I will ensure that their complaints are investigated properly, that they are kept informed of progress and given reasons for any decision. I will also be looking for best practice in eliminating unacceptable behaviour and for lessons to be learned across the Services.

"Ministers, the Armed Forces and the MOD have signalled their commitment to having a rigorous, independent and transparent scrutiny of the complaints system. I shall hold them to their word."

The post of Service Complaints Commissioner was created by the Armed Forces Act 2006 with a remit which covers any complaint made after 1 January 2008. It follows recommendations made by Nicholas Blake in his Review into the deaths of four soldiers at Princess Royal Barracks, Deepcut.

The Act introduced a number of significant changes to the Service complaints system to make it fairer, more independent and more transparent. As well as the Service Complaints Commissioner, these include new joint standards for the three Services and a new Service Complaints Panel, with an independent member to consider some complaints on behalf of the Defence Council. The Commissioner's role is to provide a rigorous and independent oversight of how the complaints system is working and to report back to Ministers and to Parliament.

The Commissioner provides an alternative point of contact for Service personnel, their families, friends or anyone acting on their behalf, to raise concerns, particularly in relation to allegations of bullying, harassment, discrimination or other improper behaviour.

The Commissioner monitors these cases to ensure they are handled properly. She has to be kept informed as to whether and how the complaint is to be investigated and receive progress reports every 30 working days. The outcome must be reported back to the Commissioner and to the person making the complaint.

The Commissioner will continue to be kept informed if the complaint is referred to a superior officer or the Defence Council/Service Complaints Panel.

The Commissioner will present an annual report to Parliament on how efficient, effective and fair the complaints process has been during the year. This report will be available to the public.

About the Commissioner

Dr Atkins has had a wide-ranging career which fits her well for the post of the first independent Service Complaints Commissioner for the Armed Forces.

She trained as a solicitor in local government and was a law academic for 12 years, with a national and international reputation in anti-discrimination law. She joined the Civil Service in 1989 and held a range of policy and operational jobs, particularly in the fields of criminal justice, personnel and diversity. She has a track record in working successfully with different operational organisations, including the health, police, prison and probation services.

In 2003 she was appointed by Ministers to be the first Chief Executive of the Independent Police Complaints Commission, a new body charged with delivering greater openness and accessibility for those making complaints against the police and increasing the confidence of the public and police in complaints procedures. She was responsible for setting up the organisation, establishing new systems and working procedures with the police service and others, and for effective management and day-to-day running.

She has a wealth of experience in HR and of dealing with bullying, discrimination, and improper behaviour. Past roles include Deputy Chief Executive of the Equal Opportunities Commission, Departmental Equal Opportunities Officer for the Home Office and Director of the Women and Equality Unit in the Cabinet Office.

Susan Atkins has held a number of non-executive posts, including Visiting Professor at Southampton University, non-executive member of the Board of Strangeways prisons and school governor at a comprehensive school in Portsmouth. She is currently a non-executive director of the Quality Assurance Agency and of the Leadership Foundation for Higher Education.

How to complain

Any Service man or woman currently serving in the regular, territorial or reserve forces or someone acting on their behalf, such as a family member or friend, can contact the Commissioner. A Service man or woman who has left the Service may make a complaint about an incident that occurred during their service. However the same time limits apply.

You may complain to the Commissioner about any matter, but she has special statutory powers to support you in relation to the following types of complaints:

• Bullying
• Harassment
• Discrimination
• Victimisation
• Dishonest or improper behaviour
• Other unacceptable behaviour

Your complaint must be about an event which is happening now or has happened within the last three months. If the event occurred over three months ago you should explain why you have been unable to raise the matter before and why you feel it would be only fair for your complaint to be considered outside the normal time limits. The Commissioner has no power to re-open complaints that have been closed.

Please set out your complaint in writing - in a letter or e-mail. You must include the following information:

• Your name
• Your rank, Service and where you are based
• Behaviour complained of (please give as much detail as you can)
• When the incident/s took place
• Who is/was involved

If the complaint is about or involves your Commanding Officer (if this is the case the Commissioner will see that the matter is referred to a superior officer)

If you are writing on behalf of someone else, please ensure you give all the above details, as well as your own name and address. Please also confirm in your letter that the individual concerned knows you are writing on their behalf.

E-mail your complaint to scc@armedforcescomplaints.independent.gov.uk or write to:

SCC
PO Box 61755
LONDON
SW1A 2WA

FREQUENTLY ASKED QUESTIONS

Why contact the Commissioner?

The Commissioner provides an alternative point of contact for you to make a complaint about unacceptable behaviour against you. She is there if, for whatever reason, you do not wish to make a complaint directly to your Commanding Officer. She will ensure that you are treated properly.

Who can contact the Commissioner?

Any Service man or woman currently serving in the regular, territorial or reserve forces or someone acting on their behalf, such as a family member, friend or MP, can contact the Commissioner. A Service man or woman who has left the Service may make a complaint about an incident that occurred during their service. However the same time limits apply.

What type of issues can be raised?

You may raise any matter which could be a formal complaint with the Commissioner but she has special statutory powers in relation to the following types of issues:

• Bullying
• Harassment
• Discrimination
• Victimisation
• Dishonest or improper behaviour
• Other unacceptable behaviour

Your complaint must be about an event which is happening now or has happened within the last three months. If the event occurred over three months ago you should explain why you have been unable to raise the matter before and why you feel it would be only fair for your complaint to be considered outside the normal time limits. The Commissioner has no power to re-open complaints that have been closed.

What powers does the Commissioner have?

The Commissioner has to be kept informed about the handling, at all levels, of any complaint referred by her which concerns bullying, harassment, discrimination or other improper or unacceptable behaviour. She has to make an assessment as to how effective, efficient and fair the system is and report to Ministers and Parliament annually. She has the power to raise concerns at the highest levels about the Services complaints system and the way complaints are handled with the Armed Forces and directly with Ministers.

If a complaint concerns a category of unacceptable behaviour as listed above and is referred by the Commissioner to your CO, he or she must follow up that complaint with you and keep the Commissioner informed of progress and the outcome. The CO is not required to keep the Commissioner informed about other types of complaints.

How do I make a complaint?

You can raise a complaint directly by using the Annex F in JSP 831. Or you can write to the Commissioner raising the allegations.

E-mail your complaint to SCC@armedforcescomplaints.independent.gov.uk or write to:

SCC
PO Box 61755
LONDON
SW1A 2WA

You must include the following information:

• Your name
• Your rank, Service and where you are based
• Behaviour complained of (please give as much detail as you can)
• When the incident/s took place
• Who is/was involved
• If the complaint is about or involves your Commanding Officer (if this is the case the Commissioner will see that the matter is sent to a superior officer)

If you are writing on behalf of someone else, please ensure you give all the above details, as well as your own name and address. Please also confirm in your letter that the individual concerned knows you are writing on their behalf.

What happens next?

1. The Commissioner will read your letter and decide whether to send this to your Commanding Officer (CO). If the Commissioner needs more details about your complaint, she will contact you at this stage.

If the complaint involves your CO, the complaint will be forwarded to a superior officer.

2. The Commissioner will usually forward your complaint to your CO within five working days from the date she receives it and let you know that she has done so.

3. Your CO will contact you and help you to make a formal complaint. He or she must inform the Commissioner within 15 working days from receipt that they have done so and whether your complaint is to be investigated and by whom. If the CO dismisses the complaint or you decide not to take it further, the CO must inform the Commissioner and explain why.

4. If you are dissatisfied with the decision by your CO or SO not to proceed and ask the matter to be considered by a Service Complaints Panel, the panel will include an independent member if the complaint was originally referred by the commissioner under her statutory powers.

5. If your complaint proceeds, the Commissioner will be kept informed of progress and will ensure that you are kept informed too. The Commissioner will be concerned to ensure that your complaint is investigated speedily and there is no undue delay. If your complaint cannot be resolved quickly, the Commissioner will ensure that you receive updates every 30 working days.

6. Both you and the Commissioner will be told of the outcome of your complaint, with reasons.

7. The Commissioner will continue to be kept informed if you are dissatisfied with the outcome and ask for the matter to be referred to a higher level.

Where can Service personnel get further information?

Further information on the Service Complaints system can be found in JSP 831. Information on arrangements for dealing with complaints of discrimination, harassment and bullying are contained in JSP 763 (The MOD Harassment Procedure) which covers both Service and civilian personnel.

More information on the Service Complaints Commissioner can be found at the Service Complaint Commissioner's official website (see Related Links >>>).