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Armed Forces Bill - Sitting 1
24 March 2026
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses the continuation and renewal of the Armed Forces Act 2006 under Clause 1 of the current Bill, ensuring its legal validity until 2031. Clive Efford proposes an amendment to require the Secretary of State to create and publish a national protocol for consistent access to public services for service people and their families. The statement discusses the importance of defining 'due regard' in the Armed Forces Bill to ensure consistent and effective implementation of the armed forces covenant. The statement addresses the need for clear guidelines on how public bodies should interpret and apply the Armed Forces Covenant in their decision-making processes. The statement discusses an amendment to the Armed Forces Bill that aims to define 'due regard' for public bodies in relation to the armed forces covenant. Alistair Carns discusses the Armed Forces Covenant and its delivery by local authorities. The statement discusses the Armed Forces Bill and its implications for local councils in upholding the armed forces covenant. The statement discusses the implementation and understanding of the Armed Forces Covenant and its impact on service personnel and their families. The statement addresses amendments to the Armed Forces Act 2026 aimed at ensuring continuity of Special Educational Needs plans and adoption/fostering arrangements for service families when they are required to move bases. The statement discusses a proposed amendment to ensure continuity of secondary healthcare for dependants of service personnel when they move between health authorities. The statement addresses the challenges faced by service families when they need to move due to operational requirements and lose continuity in healthcare or educational services. The MP discusses the complexities of special educational needs (SEN) provision for children, including those from military families. The statement addresses the issue of portability of Education, Health and Care Plans (EHCPs) for service families moving between different local education authority areas. The statement addresses issues related to special educational needs children's education transfer and military families' rights in the adoption process. The statement addresses amendments related to NHS secondary care continuity and special educational needs plans for armed forces families, discussing their potential impact on devolved powers and clinical governance. Clive Efford (Eltham) queries whether the shadow Minister wishes to proceed with amendment 11. The amendment aims to require local authorities to prepare and publish an Armed Forces Covenant Action Plan. The statement discusses Amendment 13 to the Armed Forces Bill, which seeks to require local authorities to produce detailed action plans for delivering the armed forces covenant.
Action Requested
There is no specific action requested as the statement is informing the Committee about the necessity and purpose of renewing the Armed Forces Act 2006 for another five-year period ending in 2031. The MP acknowledges past collaborative work on evidence sessions and a visit to Portsmouth, expressing hope for continued positive engagement.
Key Facts
- Clause 1 replaces section 382 of the 2006 Act with a proposed new section that extends its validity until 2031.
- The 2006 Act would expire on December 14, 2026, without this renewal.
- An Order in Council will annually continue the Act from 2027 to 2031.
- The amendment aims to ensure consistent access to public services for service people and their families.
- The Secretary of State must lay a copy of the national protocol before each House of Parliament no later than six months after the Armed Forces Act 2026 is passed.
- The protocol must set out standardised procedures and expectations for persons specified in section 343AZA(4) regarding the exercise of their functions.
- Amendment 5 aims to add a new section to the Armed Forces Act 2006.
- The amendment seeks to make access to services more consistent for armed forces families.
- Some councils have priority housing rules for veterans, while others require a local connection.
- Amendment 8 seeks to define 'due regard' as requiring public bodies to think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant.
- The amendment would establish a common standard that can be applied across different public bodies.
- The definition aligns with existing legal interpretations of due regard in other contexts.
- Amendment 8 seeks to define 'due regard' within the Armed Forces Bill.
- Public bodies would be required to consider the armed forces covenant alongside other relevant factors when making decisions.
- The amendment aims to reduce ambiguity and ensure consistent application of the covenant across different public bodies.
- Alistair Carns wrote in a letter to the Committee about the importance of 'due regard' in bringing about positive change.
- Government Departments have removed local connection requirements for access to social housing for all veterans.
- The Valour programme involves local field officers helping with compliance and education on the covenant.
- The implementation of the covenant has been narrow across three Departments.
- The Bill will broaden the number of policy areas covered by the covenant to 12 plus two.
- A definition of 'due regard' risks being overly narrow and limiting how bodies apply it in practice.
- The current legal duty allows bodies to make decisions based on local context.
- A national protocol risks limiting tailored solutions that best meet local circumstances.
- Transparency is maintained through an annual armed forces covenant report.
- The amendments aim to address issues faced by service families who may need to move frequently across the UK.
- Amendment 11 requires regulations within six months after the passage of the Armed Forces Act 2026.
- Amendment 12 also mandates regulations within six months for continuity in adoption and fostering arrangements.
- Amendment 10 sets out regulations to secure continuity of secondary care within six months.
- The amendment ensures patients' clinical need transfers horizontally, not vertically downwards.
- It prevents the requirement for new referrals solely due to geographical movement.
- Service families face challenges in maintaining continuity of healthcare and educational services when they are required to relocate for operational reasons.
- Amendment 11 aims to allow serving families with a child who has an EHCP to transfer that support without penalty if they move between bases.
- The amendment seeks to prevent families from losing valuable documents like EHCPs, which provide important additional support for their children.
- 99% of appeals to SEN tribunals for an EHCP are eventually approved.
- Wolsey Park school is under construction and will open in spring next year for 150 children with severe or profound learning difficulties.
- The White Paper "Every child achieving and thriving" was published in February 2026.
- There are 482,640 children with an EHCP in England as of the academic year 2024-25.
- 5.3% of children in England currently qualify for an EHCP.
- The statutory override for local authority budgets related to SEN education was extended until March 2026 and will continue under central funding through 2027-28.
- The amendment relates specifically to the portability of EHCPs.
- The government has delineated three tiers of SEN support: targeted, targeted plus, and specialist support.
- According to the February 2026 White Paper, EHCPs will be provided only at the highest tier after reforms are completed.
- Amendment 11 seeks to make provision for guidelines by the Secretary of State within six months.
- Amendment 11 aims to ensure receiving authorities accept EHCP transfers and provide a reasonable period for school selection.
- A case is raised involving two serving majors unable to start adoption due to residency requirements in Northwood.
- Healthcare, education, adoption and fostering arrangements are devolved matters.
- The NHS has embedded armed forces covenant principles into its constitution.
- Op Restore and Op Courage provide bespoke pathways for the armed forces community.
- Wales and Scotland are considering updating their policies on cross-border care.
- Local authorities in England have a statutory duty to manage and transfer education, health, and care plans when children move between areas.
- Clive Efford asks if the shadow Minister will press amendment 11.
- The amendment requires local authorities to prepare an action plan within six months of the passage of the Armed Forces Act 2026.
- The Action Plan must outline steps to fulfill duties under the Armed Forces Covenant, assess local needs, and allocate resources.
- Local authorities must publish a report on progress at least once in each reporting period.
- Amendment 13 would require local authorities to prepare and publish detailed action plans within six months of the Act's passing.
- The amendment aims to establish clear expectations for delivering the armed forces covenant without imposing rigid bureaucratic processes.
- There are already established mechanisms like Covenant Community Action Groups, annual conferences, and a dedicated website supporting covenant delivery.
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