MOD launch consultation into better combat compensation for Armed Forces and families following injuries or death sustained in combat.
A consultation has been launched, on proposals to deliver better compensation in future combat situations. Under the new scheme, individuals or their families will be awarded better compensation for injury or death in combat, without having to go through the process of lengthy and costly legal cases.
Defence Secretary Sir Michael Fallon said: “Our Armed Forces put their lives on the line to keep us safe. This new scheme will mean more generous payments to anyone injured – or the families of those who are killed – in combat. By making these changes we will put more money into compensation and remove the stress of lengthy legal action.”
The current no-fault Armed Forces Compensation Scheme (AFCS) provides payments to individuals who suffer injuries or illness as a result of their service, or to their families in the case of those who died. If personnel or families believe that the MOD has been negligent, they may go through the courts to seek additional compensation.
Families and personnel can face difficult and long litigation when death or injury is a result of combat, due to the long-held common law principle of “combat immunity”, which means those affected are not able to get court-awarded compensation for negligence. They must persuade courts that the negligence arose at a point before combat, e.g. in training or decisions about equipment.
Under the AFCS Scheme, set out by the MOD, those injured or killed in combat will receive a sum greater than those won in court cases without having to go through that costly and stressful litigation.
Chief of the Defence Staff, Sir Stuart Peach said: “Clarifying combat immunity and offering better compensation will remove the need for legal action and the courts will no longer have to second guess military decisions. This will allow our Armed Forces to do their job knowing they, or their families, won’t have to go to court for compensation in the case of injury or death in combat.
“I strongly encourage personnel to contribute to the consultation in order to have their views considered in the development of the scheme.”
The consultation will seek views on things like the definition of combat and how the new scheme should operate.
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AFCS Scheme Armed Forces Compensation Scheme combat compensation Defence Staff
Post written by: Abigail Burr
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