MOD facing judicial review over perception of unfairness with its LGBT compensation scheme
Two former servicemen have begun legal proceedings against the Ministry of Defence over eligibility rules to its LGBT Financial Recognition Scheme.
The scheme, which pays £50,000 to successful applicants, is designed to compensate veterans for lost careers while it was illegal to be gay in Britain's Armed Forces.
But some veterans say eligibility rules favour ex-officers over those who served as other ranks or enlisted personnel, which has led to this potential challenge at the High Court.
BFBS Forces News has seen a letter sent to the MOD by lawyers representing the two men. It explained that their claimants, Steven Stewart and Mark Shepard, allege eligibility rules of the scheme are "manifestly unfair and unlawful".
The issue is around the classification in which the MOD views how a service person's career came to an end, after being suspected of being gay.
Officers who were suspected of homosexuality were often "ordered or instructed to resign or retire" from their military roles. Under the Financial Recognition Scheme rules, these individuals are eligible for payouts, with many already receiving their £50,000.
However, non-officers who were made to resign – often by their commanding officers – are not deemed eligible, and are therefore being denied the money. Some say this is simply a case of discrimination, with officers benefiting from the scheme while non-officers cannot.
In January, BFBS Forces News spoke to another veteran, Steven Waring, who was forced to leave the Army in 1982 – aged just 16.
He said that he'd been wrongly accused of being gay and that his commanding officer forced him to sign paperwork bringing his short time in the military to an end.
"I was marched up to the Commanding Officer, and that's when I found out they wanted to talk about 'why I'm a puff'," Mr Waring said.
"I'm 16. I didn't understand that word. I didn't know what they meant. But there was this accusation being thrown around that they thought I was a gay man."
Mr Waring said he was threatened and made to sign paperwork, which he now knows were resignation papers, without access to any legal advice or the support of his parents.
Today, the MOD views Mr Waring's departure from the Army as being voluntary – meaning he does not meet the criteria to receive a payout under the Financial Recognition Scheme.
In relation to the eligibility rules that allow officers who resigned to be awarded payouts, Mr Waring said it felt like a two-tier system, adding, "it's a kick in the teeth."
The MOD previously said it did not comment on individual cases with respect to Mr Waring's claims.
The letter to the MOD from Irwin Mitchell, the law firm representing Mr Stewart and Mr Shepard, states that it is their clients' intention to bring judicial review proceedings "challenging the legality of the rules and the decisions made by the MOD" which resulted in them being denied payments under the scheme.
While the MOD is listed as a defendant in the case, Fighting with Pride, the charity established to support LGBT veterans, and the Royal British Legion, are also listed as interested parties.
The MOD has been approached for comment.
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