Technical Notes 2023, Issue 88 - Armed Forces Covenant Duty

1. The purpose of this technical note is to provide a guide to the Armed Forces Covenant Duty.

2. The Armed Forces Act 2021 amended the Armed Forces Act 2006 by placing a legal duty (The Covenant Duty) on specified public bodies, to have due regard to the principles of the Armed Forces Covenant when exercising certain statutory functions in the fields of healthcare, education, and housing.

3. The Armed Forces Covenant ensures that members of armed forces, veterans, and their families are treated fairly and not disadvantaged in any way because of their service to the country.

4. Public bodies when exercising their functions, must have due regard to the three principles of the Armed Forces Covenant. These are: unique obligations of, and sacrifices made by, the Armed Forces; removing disadvantage, and special provision may be justified by the effect on such people of membership, or former membership of the Armed Forces.

5. The Duty requires conscious consideration of the Armed Forces Community when developing policy and making decisions in the specified policy areas, taking the three principles set out above into consideration.

6. Education: Local Authorities must ensure that children from armed forces families are not disadvantaged in accessing education. This includes providing support for children who move schools frequently, because of their parents’ service. The Association of Directors of Education in Scotland have developed a bespoke website to provide information and resources specifically for service families moving into, around and away form Scottish schools. Visit Forces Children's Education for more information. The national Guidance for Child Protection in Scotland 2021 also includes sections on Service Children.

7. Housing:  Local authorities must ensure that members of the armed forces community are given priority for social housing, where appropriate. They must also ensure that housing policies consider the needs of members of the armed forces community and their families. The Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2009 state that where adaptations required are essential to the disabled person’s need and the required work is structural (or involves permanent changes to the house) the applicant must also be awarded a mandatory grant.

East Dunbartonshire Council common housing register asks if applicants were in the armed forces, and where appropriate the household can be awarded additional points on the Councils waiting list.

Homeless applications also record if applicants were formerly in the armed forces and data is reported to the Scottish Government on a quarterly basis.

Officers will use the information to consider points of waiting list (where appropriate) and/or additional housing support/support referrals that may be required.

8. Health and Social Care: Local authorities must ensure that members of the armed forces community have equal access to health and social care services, including mental health support. Greater Glasgow & Clyde NHS Board conduct routine screening by enquiring at each point of referral as to whether someone is a veteran or not and there are structures in place to champion and report on the duty.

9. Employment: Local authorities must ensure that members of the armed forces community are not disadvantaged in accessing employment opportunities. This may include providing support and guidance to veterans and their families in finding employment. Colleagues in Skills for Learning, Life and Work provide support to armed forces veterans, which forms part of their barriers for eligibility in the ‘No-one Left Behind’ programme

10. Community Engagement: Local authorities must engage with the armed forces community and their representative to ensure that their needs are understood and considered when making decisions that impact them.

11. Community Support: Citizens Advice Bureau Armed Services Advice Project (ASAP) provides advice to all members of the Armed Forces community, which includes both Regular and Reserve forces: people who are currently serving in the Armed Forces, and their dependants people who have served in the Armed Forces, and their dependants members of the Merchant Navy who have served in a commercial vessel in support of legally defined UK military operations.

ASAP is funded by a group of organisations, headed by Poppyscotland. It supports members of the Armed Forces community by providing one point of contact for advice on a range of issues, working closely with other organisations to provide support for clients.

East Dunbartonshire Citizens Advice Bureau also connects with the Armed Forces Charity (SSAFA) for financial support.