Review of the Armed Forces Compensation Scheme expected soon | Winston Solicitors Skip to main content
British Armed Forces review of compensation scheme
Legal news

Review of the Armed Forces Compensation Scheme expected soon

Stacey Flegg Stacey Flegg
3 min read

The Armed Forces Compensation Scheme is undergoing its second quinquennial review (QQR) which is expected to be finalised very soon. The independent review began in Spring 2022. The purpose of review is to make sure that the scheme remains fit for purpose. This review will look at concerns about processes and policies. Some of the key issues that are expected to be addressed in the review are set out below. 

The Independent Medical Group

The Independent Medical Group is the medical body that advises the MOD on both medical and scientific aspects of the AFCS. Whilst designed to be independent, it is sponsored by the MOD and the review will look at concerns as to the lack of in-built safeguards to ensure its independence and diversity. 

The Claims Process

Under the AFCS, it is for the Claimant to submit evidence to support both the fact of the injury and also that it was caused by service. There has been suggestions that the process of evidence gathering and submission can be overly burdensome and the amount and the nature of the evidence required is unclear. These criticisms apply particularly when it comes to multiple and complex injuries, such as mental health injuries. In addressing these concerns the review is expected to look possibilities:

  1. setting more clear and reasonable timescales for submitting evidence
  2. creating a formal evidence checklist for claimants. 

The relationship between Claimants and Caseworkers. 

The review is also to consider training, skills and policies relating to caseworkers as there is a general sense that the process can become quite adversarial. In legal terms we use this to refer to the way parties interact in relation to disputes. Court cases where matters are not agreed and each side has to argue their case in court and where communications can be quite hostile and aggressive are what we call ‘adversarial’. The AFCS certainly should not be conducted or administered in this manner, particularly as it is maintained that it is a compensation scheme which can be accessed directly by those injured and without having to have legal advice or representation. 

Tariff Descriptors 

The way any award is calculated under the scheme is by identifying which ‘tariff descriptor’ an injury most matches. Cases of multiple injuries and cases where an injury could fall under more than one descriptor can become complicated. The review will be looking at the adequacy of the current descriptors when it comes to multiple injury cases and those with more complicated injuries, including mental illness. 

Reconsiderations and Appeal 

Currently the reconsideration and appeal processes are considered to be lengthy and slow and the review will address this concern 

Previous Reviews. 

The AFCS was first independently reviewed in 2009/2010 and was found to be fundamentally sound but recommendations were made for improvements, which were all subsequently implemented. This first review also directed that there be quinquennial reviews (every 5 years) of the scheme. The first QQR was in 2017. The current review will also provide an overview of developments since the 2017 review and may also consider the impact of the covid pandemic on the scheme. 
 

Client feedback

We couldn’t recommend Samantha Robertson-Strong enough. She made the whole process of buying our first property so much easier and would recommend her to people I know.Thanks Again Samantha and the Winstons team!
Mr Atherton
Joe and Amr were good at keeping contact and answering my questions as a first time buyer. The solicitor on the other side of the purchase was not always responsive, though Joe/Amr made sure to keep chasing which I appreciated. Overall smooth process and would recommend.
Amber
Absolutely incredible! Exceeded all expectations, very professional.
Michael
It is probably 45+ years since I last bought a house so it was a real re-learning process. Michelle was helpful and pateint throughout. She kept me fully informed of the prgress being made and all the responses from her enquiries to the other party were detailed. Both sides were under pressure to complete before April when further tax increases loomed. It was also the pressure that I would be heading to France to oversee the sale of my property. The only 'blip' that I saw was the query of my funding. It was simply the transfer of the funds from the sale of my home in France to cover the sale in Leeds. This was accepted. I had requested Sterling and not Euros and perhaps that did raise an eyebrow or two. I would have no rpblem in recommending Winstons.
Roger
Outstanding from start to finish. Leasa was fabulous, professional and thorough throughout. Would highly recommend to anyone. We honestly cannot Thankyou enough for getting us into our family home.
Natalie
Winston solicitors are experts at what they do. They go above and beyond the normal service to provide you with the best interest for you. I cannot thank Emily for her commitment and resilience on answering every question i had asked. She is a great assest ti Winston solicitors and a credit to her team. I would love to work with Emily again in the furture if required to do so. Would not hesiste to reccommend winston solicitors to everyone.
Ishtiaq
Amazing service from Sidraa with support from Tom. Timely communication, easy to deal with and thorough. Sidraa went over and above to meet our deadlines and was so personable to deal with. Would 100% recommend.
Sophie
Both Samantha and Michelle at Winstons Solicitors have been brilliant keeping us informed with the selling and buying of our houses. If there were any problems they explained what was happening and also put our minds at rest.... as moving is stressful enough.will definitley use again in the future as we were impressed with the company and service.
Craig
Contact Stacey