Compensation payment branded derisory and an insult to LGBT veterans by campaigners

The amount of compensation LGBT veterans are set to receive for the treatment they faced while serving in the Armed Forces has been criticised by campaigners. 

Last year, the Government published the Independent Review into the experiences of LGBT people in the military. It made several recommendations including compensation for those impacted. 

Fighting With Pride believes that amount will be as little as £12,500.

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Now, as it's revealed that the MOD expects up to 4,000 veterans to seek compensation, the final amount those claimants may receive has caused anger.

'Derisory'

Speaking to BFBS Forces News, Craig Jones, head of campaign at Fighting With Pride, described the figure as "derisory" and "absolutely not appropriate," adding the amount is far less than the compensation awarded to victims of other scandals.

Mr Jones said: "These people were serving in our Armed Forces around the world in operations like Northern Ireland, the Falklands, in the Gulf. If they were found to be LGBT they were arrested, they were taken for investigation. 

"Some of them were taken to military hospitals which was absolutely disgraceful. At court-martial, some were sentenced to six months, either in military detention or civilian prison. They were outed to their friends and families, and they lost their careers.

"£12,500 is absolutely not an appropriate sum for what happened to these people and its impact through their entire lives."

Some of the anger felt by LGBT veterans arises from an apparent revision by the MOD around the number of people eligible to claim compensation. 

Last year Lord Etherton, who led the Independent Review, ruled that compensation should be set at a £50m liability to the UK taxpayer. However, Fighting With Pride says this was only ever intended as an advisory amount, and should not be viewed as definitive.

According to the charity, the MOD had initially estimated the number of eligible claimants to the scheme to be approximately 2,500 veterans. 

However, in a National Audit Office report in July 2024, the number of eligible claimants anticipated by the MOD was stated to be 4,000 individuals, significantly more than originally thought. This means claimants are set to receive a figure much less than expected.

Mr Jones said the Government had already informed Fighting With Pride it does not intend to increase the amount of money available for the compensation scheme. 

"We think the Government needs to look again, and really look at the similar compensation schemes that are around at the moment," Mr Jones said. 

"Clearly, the amount of compensation that's being considered for LGBT veterans is in no way, shape or form, similar to those other compensation schemes.

"I think there are some misunderstandings in the Ministry of Defence about what Lord Etherton intended with that £50m, and they need to look again as they learn their trade as a new government and ask themselves what outcomes they want for these incredible veterans."

Fighting With Pride's position is that Lord Etherton made a distinction between those who were "discharged in disgrace" because of their sexuality and those who were constructively dismissed from service because they felt unable to continue in their careers. A third group of veterans was allowed to resign before action was taken against them. 

Fighting With Pride says the awarding of £50m is explicitly linked to compensation for those who were discharged in disgrace, not those who were constructively dismissed or made to resign.

Mr Jones believes the new government has missed this distinction in reaching its decision not to award more money to the scheme, and says he will be discussing this with new veterans minister Al Carns in September.  

He said: "I see the Government’s position as totally unsustainable."

One veteran set to receive compensation is ex-RAF fireman Carl Austin-Behan. 

He was discharged from the military in 1997 after commanders learned he was secretly gay, bringing a premature end to what had been a glittering career during which he received commendations for bravery from The Queen.

In an interview with BFBS Forces News to mark LGBT Pride in June 2024, Mr Austin-Behan said compensation would go some way to help make amends for the past. 

'It was horrific'

"I sometimes forget how I was treated so badly back then, I seem to have sort of parked it somewhere in the back of my head and ignored it," Mr Austin-Behan said.

"But actually, it was horrific. And that's where I think compensation comes into it.

"Some of the people I’m having conversations with, their families were ripped apart. Some people went to prison."

The previous government committed to a debate in the House of Commons for MPs to discuss the range of recommendations from the Independent Review, including compensation. 

That is set to happen when parliament returns in the autumn. 

Mr Jones said Fighting With Pride would be campaigning strongly ahead of the debate to make sure the outcome they have at the moment is not the outcome for LGBT veterans.

A Ministry of Defence spokesperson said: "This new government will renew the nation's contract with those who serve and have served.

"The treatment of LGBT serving personnel between 1967 and 2000 was wholly unacceptable and does not reflect today’s Armed Forces

"Over half of the recommendations of the LGBT veterans review have now been implemented. These include working to construct an LGBT community memorial, apology letters from Service Chiefs and replacement berets for those who were discharged.

"We are working at pace to deliver those that remain and more information will be provided soon on restorative measures."