Rifleman Lee Bagley: MOD Duty of Care

Lord Lancaster of Kimbolton Excerpts

Wednesday 25th January 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

It is a pleasure to respond, and I start, of course, by congratulating the hon. Member for West Bromwich West (Mr Bailey) on obtaining this debate about his constituent, ex-Rifleman Lee Bagley, and the Ministry of Defence’s duty of care following an injury he sustained during a night out in Brecon on 24 February 2010. Perhaps I may also take this opportunity to remind the House of my interest as a member of the Army Reserve.

I should like to begin by offering my personal sympathies to Mr Bagley. The injury he suffered has had a profound and life-changing impact on him. I can only begin to imagine the pain and anguish he has been through.

Let me turn to the specific points raised. The hon. Gentleman will recall our correspondence back in 2015, when he wrote to me about this case. In particular, his constituent raised similar concerns to those that have been raised today, and I advised at the time that, should Mr Bagley feel there were failings in the way his unit treated him, he should consider raising them through a formal service complaint. I advised that although such a complaint would be outside the usually permitted time limit of three months, Mr Bagley was able to make representations about why his complaint was not submitted within the time limit. My officials advise that Mr Bagley has so far not submitted a service complaint—something he is still within his rights to do. I take this opportunity to encourage Mr Bagley to submit a complaint, and I would certainly be pleased if it were admitted, because it would be appropriate to address this issue through the independent service complaints ombudsman.

I am sure the hon. Gentleman will appreciate that, given that the events in this sequence occurred up to seven years ago, and given the time available to prepare for this debate, it is difficult to piece together without an investigation—something that could be done by the service complaints ombudsman—the detail of every decision and action that was or was not taken by Mr Bagley’s unit. There are a number of factors that make things difficult, not least the changeover of unit staff since 2010. I am not, therefore, in a position to determine during this debate, at relatively short notice, whether the care provided to Mr Bagley by his unit was sufficient or to address the specific questions the hon. Gentleman raised at the end of his speech.

The hon. Gentleman will also be aware that 2009 and 2010 were particularly tough years in the Afghanistan conflict, and Mr Bagley’s unit, the 2nd Battalion the Rifles, was at the heart of the action. Very sadly, this meant it suffered a significant number of fatalities and casualties during that period. I am not trying to make excuses, but those are the facts as they stand.

What is clear, however, is that the Army has in place specific guidelines, as outlined by the hon. Gentleman, regarding the command and care of wounded, injured and sick personnel. These are set out in Army General Administrative Instruction, volume 3, chapter 99. AGAI 99 has been updated a number of times since 2010, but a brief outline of the timelines within which wounded, injured and sick personnel can expect to be looked after is as follows. Service personnel should be recorded on the wounded, injured and sick management information system on day 14 of their sickness, and a unit recovery officer assigned. On day 21 of sickness, the first visit of the unit recovery officer should have been completed. Personnel should have regular recovery visits thereafter, with no more than 14 days between visits, and a unit care review meeting every 28 days to review the case. If the individual remains sick at the 56-day point, they should be graded as temporarily non-effective. Clearly and unequivocally, it is unacceptable if this policy is not properly followed. If an individual feels that their chain of command is not complying with it, they should raise a complaint.

Mr Bagley was injured at a time when the MOD had acknowledged that it could and should do even more to help not only our wounded, injured and sick personnel, who deserve nothing but the best care, but to ensure that those who were caring for and administering them were appropriately resourced. That is why in 2010 we began developing the defence recovery capability—an MOD-led initiative delivered in partnership with Help for Heroes and the Royal British Legion, alongside other service charities and agencies. The defence recovery capability ensures that wounded, injured and sick armed forces personnel have access to the key services and resources they need to help them either return to duty or make a smooth transition into civilian life.

It is only right and proper that where personnel are injured while carrying out their duties, or develop an illness that can be linked to their service in the armed forces, they are properly compensated. Such circumstances are covered by the armed forces compensation scheme, which provides compensation for any injury, illness or death caused by service on or after 6 April 2005. The war pension scheme compensates for incidents up to this date. The rules of the scheme are not prescriptive in terms of when awards can be made—they allow for a variety of circumstances—but the key is whether the injury or illness has been caused by service. Personnel do of course have a right of appeal if their claim under the scheme is turned down or they are unhappy with the level of award made.

Despite the concerns raised by the hon. Gentleman, I understand that Mr Bagley’s injury was sustained during a night out—in other words, he was off duty. There is no evidence that he was compelled by the service to go out for the evening in question. As a consequence, his claim under the armed forces compensation scheme was rejected, and this decision was subsequently upheld by the first-tier tribunal.

I should stress at this point that when a member of the armed forces has to be medically discharged, as in Lee Bagley’s case, the armed forces compensation scheme is not the only means by which they can receive financial assistance from the Ministry of Defence. Personnel can also receive an ill-health pension under the armed forces pension scheme, irrespective of whether their injury or illness that led to them being medically discharged was attributable to their service. I can confirm that Mr Bagley is in receipt of such a pension.

[Mr Bailey]

It is perfectly true that, parallel to this issue, ex-Rifleman Lee Bagley has been pursuing compensation, but I deliberately focused my comments on the duty of care rather than the legalistic process that surrounds the compensation issue, and that is what I really want brought out today.

[Mark Lancaster]

That is a perfectly reasonable intervention. I hope that I have already explained to the hon. Gentleman how, since 2010, quite a lot has been done through the development of the pathways that we have discussed. The great joy of these debates is that they are an opportunity for the House to discuss, using individual cases, the fact that we do have a duty of care and how the system can be improved.

It would be wrong of me to close without stating that the Ministry of Defence ensures that armed forces personnel can serve safe in the knowledge that when they leave active service they will be well supported to translate their acquired skills, experience and qualifications into the second career they aspire to. Personnel who are medically discharged are entitled to the highest level of resettlement provision through the Career Transition Partnership’s core resettlement programme. The MOD also offers specialised support for wounded, injured and sick personnel, and those with the most complex barriers to employment, to ensure that they receive the most appropriate support within their recovery pathway.

I can confirm that Mr Bagley made full use of the Career Transition Partnership, and that the assistance it provided helped him to secure employment immediately after leaving the British Army. That said, I know that no level of practical help or compensation could ever make up for the distress and turmoil that he has suffered as a result of his injuries. I should like to close by reiterating my sincere sympathy for him.

Question put and agreed to.