Armed Forces Act 2006

334 Redress of individual grievances: service complaints

(1) If—

(a) a person subject to service law thinks himself wronged in any matter relating to his service, or

(b) a person who has ceased to be subject to service law thinks himself wronged in any such matter which occurred while he was so subject,

he may make a complaint about the matter under this section (a “service complaint”).

(2) But a person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.

(3) The Defence Council must by regulations make provision with respect to the procedure for making and dealing with service complaints.

(4) The regulations must in particular make provision requiring—

(a) a service complaint to be made to an officer of a prescribed description;

(b) the officer to whom a service complaint is made to decide whether to consider the complaint himself or to refer it to a superior officer of a prescribed description or to the Defence Council;

(c) a service complaint considered by the officer to whom the complaint is made to be referred, on the application of the complainant, to a superior officer of a prescribed description or (if the officer considers it appropriate) to the Defence Council;

(d) a superior officer to whom a service complaint is referred by virtue of paragraph (b) or (c) to decide whether to consider the complaint himself or to refer it to the Defence Council;

(e) a service complaint considered by a superior officer to whom the complaint is referred by virtue of paragraph (b) or (c) to be referred, on the application of the complainant, to the Defence Council.

(5) Without prejudice to the generality of subsections (3) and (4), the regulations may also make provision—

(a) as to the way in which a service complaint is to be made (including provision as to the information to be provided by the complainant);

(b) that a service complaint, or an application of a kind mentioned in subsection (4)(c) or (e), may not be made, except in prescribed circumstances, after the end of a prescribed period.

(6) A period prescribed under subsection (5)(b) must not be less than three months beginning with the day on which the matter complained of occurred.

(7) If, under provision made by virtue of subsections (3) and (4)—

(a) an officer decides to consider a service complaint himself, or

(b) a service complaint is referred to the Defence Council,

the officer or the Defence Council (“the appropriate person”) must decide whether the complaint is well-founded.

(8) If the appropriate person decides that the complaint is well-founded, he must—

(a) decide what redress (if any), within his authority, would be appropriate; and

(b) grant any such redress.

(9) In this section “prescribed” means prescribed by regulations made by the Defence Council.