(6 months, 2 weeks ago)
Commons ChamberThe concerning thing about this particular incident is that SSCL is a primary contractor, rather than a subcontractor, but my hon. Friend is absolutely right to raise the wider issue. The answer is yes: our intention—indeed, our instruction—is to go right the way through. As I said in my initial comments, we take this incredibly seriously. It is unacceptable that it happened, and we will take every possible measure, once we have got to the forensic truth of what happened, including against the contractor and any subcontractors.
I understand why the Secretary of State is reluctant to name China, but it seems that every Member in this Chamber believes it is probably responsible for the breach; that is certainly what the media are reporting. I hope the Secretary of State is able to commit to a very clear timescale for coming back with some clarity on that.
I want to ask the Secretary of State about a point that has been made by a number of Members. The outsourced contractors are clearly the weak spot in our system. Will he commit to examining and analysing every single subcontractor, with a view to bringing them back in house in the light of the threats we face?
The MOD, as is the case with most militaries, uses a lot of contractors and subcontractors. Let me answer the hon. Gentleman’s question directly: yes, the review will encompass all that work, and if we believe we can do this better—many Members may conclude that this would not have happened had that data been held in the MOD and on our own systems—we will endeavour to do that.
(8 months, 2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I have explained why we do not believe that there has been a reduction; we believe that there will be a 1.8% increase in real terms. The hon. Gentleman says that spending as a percentage of GDP is flat. I point out that in 2019, it was 2.08%—just under 2.1%. We believe that if we spend everything we expect to in the next financial year, that will be 2.3%, which is a significant increase.
I am sure that the Procurement Minister is aware of Survitec in my constituency, which has provided equipment to the armed forces for decades. He will acknowledge that the last few years have taught us the importance of having secure UK supply chains, and of getting good jobs to the whole country through the power of procurement. I invite him to come and speak to Survitec, so that he can hear directly from the company about its frustrations with the procurement process.
Before I was injured playing football for Parliament versus the Army, I always used to enjoy playing five-a-side with the hon. Gentleman. I would be delighted to accept his invitation to visit, because small and medium-sized enterprises and businesses are absolutely critical. As the Minister for Defence Procurement, and having run an SME, I believe that we have to have an environment that encourages investment in defence and supports our domestic supply chain. A key part of that is exportability. I look forward to discussing these matters with the company that he mentions.
(9 months, 2 weeks ago)
Commons ChamberWe support the right for shipping to pass freely. Having talked to businesses, I understand that they are already feeling the effects on their supply chains. If one of the purposes of the strikes is to deter the Houthis, it seems that they have not got the message yet, and it is not clear whether they ever will. I fear there is a risk that we are going to escalate action in the region. The Secretary of State has mentioned a number of activities that he has undertaken on a non-military basis to try to reduce tensions, but is there anything he can do that he has not done already to help end this conflict?
Although it is clear that the Houthi attacks have not ended, as the shadow Defence Secretary said, there does appear to have been a difference in the cadence. The mass attacks that we saw on 11 January, for example, have not been repeated, partly because the Houthis’ ability has been degraded. However, we are always looking at other means, including routes via the United Nations, and at the wider picture of, for instance, the peace treaty between Saudi Arabia and Yemen. All those elements fit into the way in which we are applying pressure to try to bring the situation to a close.
(11 months, 1 week ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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We are trying to do all those things. I should like to put on record that it was an absolute pleasure to visit the right hon. Gentleman’s constituency to launch Armed Forces Week back in the summer. I know that he is a passionate supporter of our armed forces and of our efforts in Ukraine, and that he shares my pride in the provision of NLAW, which is made in Belfast. He is absolutely right on all those counts, and on the diplomatic one in particular. There’s huge unity in the west. We all know that the stakes are incredibly high, but we now have to persist. We are all in it for the long haul.
It is clearly Putin’s strategy to sit this out as long as is necessary in the hope that Ukraine’s allies lose the political will to provide the support that has been there so far. In that regard, the Foreign Secretary indicated to the other place earlier this month that he was prepared to increase the amount of funding available to Ukraine next year. Is the Minister able to confirm that that is indeed the case and tell us how much additional funding will be in place?
The hon. Gentleman knows perfectly well that these matters are still under discussion. The Prime Minister has been clear about the strength of our commitment, and I go back to the previous point made by the right hon. Member for East Antrim (Sammy Wilson), which backs this up. A huge way in which we have ensured support and funding for Ukraine is not just from what we have provided but by being a convenor of an international effort. We have played a decisive role in that, but of course there is more to do.
(2 years, 7 months ago)
Commons ChamberI congratulate the hon. Member for Midlothian (Owen Thompson) on his tenacity in campaigning on this issue for some time. I also congratulate him on securing this debate and on his introduction to it, which exposed the injustices and the flaws in the current system. I have had experiences of the system through one constituent in particular, but it is clear that he has uncovered a whole range of systematic flaws. Those who have served our country and made sacrifices deserve a system that is fair and supportive to them. He was right to say that we should consider it a matter of shame that we do not have that, and I pay tribute to his work in this area.
I want to talk about my experiences with the system—particularly in relation to a constituent of mine, David Cottrell, whom we discussed in an Adjournment debate more than three years ago—and why there are still issues today. I recognise that covid-19 has caused delays in dealing with claims, but that does not excuse the delays and the errors that have been made by Veterans UK in losing documents on two occasions and taking more than six months simply to copy paperwork. My constituent does not feel as though his claim and subsequent appeal are being treated fairly when he sees that happening regularly.
I know that the Royal British Legion is calling for the direct lodgement process, which is available in Scotland, to be extended to England and Wales. That would allow appeals to be sent directly to Her Majesty’s Courts and Tribunals Service, rather than having to go through Veterans UK. In the legion’s experience, direct lodgement is more efficient. That is of little surprise given that the customer journey, as it is called, via the current route represents a 13-stage process with the involvement of Veterans UK. Direct lodgement would also provide reassurance about the independence of the tribunals service, which is currently lacking, particularly for my constituent.
When we consider that over the last 10 years, more than 60% of war pension appeals have been unsuccessful—in comparison, 37% of personal independence payment appeals are unsuccessful—we can begin to see why veterans feel as though the process is not working for them. Essentially, we ask people to apply to Veterans UK and then, if that decision is wrong, to go back to Veterans UK to appeal and wait for it to decide whether a review is possible. At that stage, if there is no change, the case worker at Veterans UK must have prepared appeal papers, which are then passed on to the reprographics department. Only at that point are they sent to the tribunals service. I think anyone can see how the appeal process is overly convoluted.
The involvement of Veterans UK, which is the subject of the appeal, risks, at the very least, the perception of a conflict of interest. Of course, it is reasonable for a mechanism to allow review without the need for a tribunal hearing, and of course it is necessary for Veterans UK to provide its response to the appeal. However, both those matters could be dealt with under a different system. It seems plain to me that introducing direct lodgement would be at least a step forward for veterans in England and Wales, and I hope the Government will take that request on board. I struggle to think of any truly independent appeal process in which an appeal must first go through the body that is being appealed against. I really do not know what that adds to the process and, as we have heard, it creates more concern and problems.
There is a focus at the moment on ensuring that those waiting get their cases to tribunal can do so with as little delay as possible, following the closure of the service for a significant period during the pandemic. I am pleased that the Government have committed to reducing waiting times, but the Royal British Legion has said that it is essential that, as the default provider of representation, it has the capacity to deliver its services to those who need support. I understand that following some discussions, there has been a little slowing down to enable hearings to match the legion’s capacity. However, there is a question mark about how long that arrangement will last, so I ask for some assurances that any attempts to clear the backlog are done with the welfare of veterans at heart to ensure that they are properly represented.
Clearly we all want veterans’ appeals heard as soon as possible, but it is vital that they come out of that process feeling that they have been properly represented and their cases have been properly heard. In the context of the repeated concerns about independence, it would be a cause of concern if the acceleration of the clearing of the backlog hindered the legion or any other provider from providing the representation that veterans need.
On a slightly tangential point, I am sure that many Members will, when contacting organisations, have had challenges about whether they have their constituents’ consent. As we all know—indeed, we commonly quote it—statutory instrument No. 2905 of 2002 covers the authority of MPs to act on behalf of their constituents. It has therefore been a source of frustration that Veterans UK seems to be unaware of that provision. We have managed to get that resolved, but it does not show an organisation that is particularly customer-focused.
It is accepted that the pandemic has caused delays to the normal functions of the application, assessment, and appeals process, but I was concerned to see that the number of claims made to the war pensions and armed forces compensation scheme dropped by almost 40% from 2019-20. While we must acknowledge the impact that the pandemic had on that, it is notable that the decrease in personal independence payment applications for the same period was much less at around 27%. Perhaps the decision to prioritise PIP assessments by alternative means, while the war pensions process ground to a halt, offers some explanation, but it feels to many that the system for war pensions was simply closed for a period of time.
From April to August 2020, there were 200,000 PIP assessments, yet not one war pension medical assessment took place. In Mr Cottrell’s case, that meant a decision was made on his claim without a medical assessment report, and the decision maker specifically referred in the decision notice to having to decide on the claim in lieu of such evidence—the inference being that the decision may have been different if an assessment had taken place. Mr Cottrell certainly believes that to be the case.
The feedback I have received from those navigating the war pensions process is that veterans feel they are an afterthought, and the comparison with how PIP is dealt with certainly makes them feel that way. The DWP does not apply a target time for the clearance of war pensions claims. My understanding from the last question on the subject is that the average time is 127 working days, or six months. For Mr Cottrell, who was also claiming PIP, the difference in approach was stark. His PIP renewal claim in 2020 was dealt with within 18 days. It is reasonable to ask why the same standards cannot apply to war pensions.
I am told that the vastly different timeframes are based on the long-term performance of the war pensions scheme, and that will remain
“until the digitisation and transformation of the WPS is complete in 2023”.
That essentially means there will be little improvement for veterans for at least another year while that digitisation process takes place. It is perhaps unsurprising that veterans do not feel they are being given much priority and that they feel like an afterthought. The schemes designed to ensure they can access the financial support they need through their pensions are lagging behind numerous social security benefits, and that is together with the fact that we are now in the third year of waiting for the digital answer to the veterans ID card. That is another example of how veterans feel they are not being treated as a priority.
I would like to conclude with Mr Cottrell’s own words. He asks that the Government
“meet some Veterans and ask them what they think of the service Veterans UK provide to people who have served this County and have been damaged either physically or mentally by their service”.
As we have shown and heard today, it is not possible to discuss the war pensions and armed forces compensation scheme without looking at the role and performance of Veterans UK, so I would like the Minister to commit to listening to constituents such as mine, veterans such as Mr Cottrell, and to addressing their concerns, in order to drive some improvements in the service, because we all believe that veterans deserve the very best service in these areas, as in every other service they use, as a thank you for their service and duty over many years.
(5 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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It is a pleasure to serve under your chairmanship, Sir Henry.
I congratulate my hon. Friend the Member for Portsmouth South (Stephen Morgan) on securing this debate and shining a light on this incredibly important issue. To be honest, it ought to shame us. The story of Dave Jukes is harrowing, and I am sure we all appreciate that it was probably not an isolated occurrence.
All those who serve our country make many sacrifices while defending our interests, and they deserve respect, support and fair treatment during and after their service. I thank all our armed forces personnel, past and present. I believe that how our veterans are treated should be a yardstick for what sort of society we are. My hon. Friend’s point about the lack of data on veteran suicides is important in that respect. If we do not know the scale of the problem, how can we begin to address it?
I would like to take this opportunity to make some practical suggestions about prevention. Like many hon. Members, I visit Veterans Day events in my constituency every year. In the light of this debate, I wonder whether the Minister could make a formal request for all NHS trusts to have a presence at such events, which are a clear opportunity to signpost mental health support. The general principle that NHS services ought to reach out and embed themselves in existing veterans services and events is a good one.
Last year, I visited the Veterans Garage project on the outskirts of Manchester, which plans to convert a world war two airport terminal building into a base for classic car and motorcycle restoration garages, alongside a coffee bar with food. The base provides support for veterans who are suffering from recent combat stress and gives them a place to meet other veterans. The project also provides mental health support, and the garage equips people with skills to increase their employability. Crucially, it is rolling out a full advice service on a whole range of issues and has a counsellor with specific experience with PTSD on site. That is exactly the sort of embedded service I believe we need to see more of.
I know that time is short, so let me conclude by saying that we can and should do more. Those who serve our country deserve the very best support.
Thank you very much indeed for being so brief. I call Emma Hardy.
(5 years, 8 months ago)
Commons ChamberWe have had another momentous debate and series of votes affecting the nation’s future, but our role can also involve raising individual cases of injustice, so I am grateful for the opportunity to recall an issue that has affected one of my constituents. His experiences may well have affected others, which is why I want to bring it to the attention of the House. I hope that by debating it we can not only find a solution for my constituent by giving the Government an opportunity to do the right thing but also ensure that this situation does not happen again. I hope that by setting out the history of my constituent’s complaint lessons will be learned.
Those who serve our country make many sacrifices defending our interests, and they rightly deserve our respect, support and fair treatment both during and after their service. I want to take this opportunity to thank all our armed forces personnel, past and present, who represent our country across the world and stand ready to defend our country day and night. It saddens me that I have to bring this debate today to highlight a case in which a former serviceman has not, I believe, been treated fairly or with the respect that he deserves.
My constituent, David Cottrell, who lives in Neston, served in the Army, in the Cheshire, then Mercian, Regiment, for a period of 22 years, from 1987 until 2009, during which time he saw active service in both Northern Ireland and Iraq. As a result of his service, he was left with a number of serious and long-term medical conditions and was awarded a war pension at 50% and a lower standard of occupation allowance in 2012. He suffers from a number of conditions, including post-traumatic stress disorder, which causes him to suffer disturbed sleep, anxiety and flashbacks. He also suffers from polyarthralgia—aches and pains in his joints—and a number of medical conditions affecting his back that cause him severe difficulty in standing, walking, using the stairs, sitting and bending. It also causes him difficulty in using his wrists to lift and carry everyday objects.
I have sought the hon. Gentleman’s permission to intervene. Does he not agree that there must be a simplified appeals process for war pensions, when we take into account the fact that the stress of that process for those suffering from PTSD, to which he referred, can be the straw that breaks the camel’s back? This is another example of how our veterans are being let down by a system that must be reviewed urgently.
I thank the hon. Gentleman for his intervention. In these times of uncertainty, we can rely on the certainty that he will intervene in the Adjournment debate. The point that he made is absolutely pertinent to my constituent’s experiences. As the debate develops, I will show that he has experienced a convoluted appeals process, which only exacerbated his general condition.
As Members will know, the war pension scheme is run by Veterans UK to provide benefits for people with disablement caused or made worse by service in the armed forces. There is no list of prescribed diseases; claims can be made for any medical condition that is suffered provided that there is a causal link between the condition and military service. Rates for a war disablement pension depend on the degree of disability suffered, which is assessed on a percentage basis akin to the industrial injuries scheme.
A range of allowances and supplements may be granted depending on an individual’s circumstances, including for employability, mobility, constant attendance or severe disablement. As of 31 March 2018, there were 101,630 disablement pensioners and 15,854 war widows in receipt of a war pension, and in the year 2017-18, £517 million was paid out. With that amount of money at stake, it goes without saying that the process for assessment must be robust.
War pension claims are made to Veterans UK. If individuals are unhappy with the outcome they can request a review of their war pension decision, and they can also make an appeal to an independent tribunal.
My hon. Friend may be aware of the ongoing issue affecting those who allege that because of taking Lariam when they were in the forces, they have been completely disabled in later life. The way in which that has been dealt with is Kafkaesque. That affects many veterans, so does he agree that that needs to be sorted out as a matter of urgency?
My hon. Friend is absolutely right. There are many scandals that are not going to go away and will not be resolved until truth and justice are delivered, so I support his call entirely.
I would like to discuss the review and appeals process, because it has utterly failed to assist my constituent to receive the war pension to which he is entitled.
This soldier was in my regiment and I suspect in my battalion. May I ask the hon. Gentleman whether his constituent has consulted regimental headquarters, either in Chester or in Lichfield?
I thank the hon. Gentleman for his intervention. I do not know the answer to that. My constituent has sought numerous sources of assistance throughout the years, some of which I will go into. This has proved to be an extremely time-consuming and convoluted process, which has caused him unnecessary stress—the hon. Member for Strangford (Jim Shannon) referred to that—and has undoubtedly exacerbated his ill health and affected his quality of life. Opportunities to act and put things right were repeatedly missed throughout the handling of his case. I hope that his experience has not been repeated in the other 588 war pension appeals cases that, at 11 November 2018, were still in train.
As I have stated, my constituent was awarded a war pension at 50% and a lower standard of occupation allowance in 2012, following as assessment that noted that Mr Cottrell
“cannot walk more than 200m without stopping or severe discomfort”.
Upon leaving the Army, he worked as a tutor for Manchester College for a number of years, delivering training to professional drivers, which included on-the-road training as well as classroom-based training. In 2013, he applied for his pension from the college to be released early on health grounds. He was referred to Dr Nightingale in December 2013, via the occupational health team, for an assessment to be made. Dr Nightingale concluded that he was unable to work as she did not
“envisage significant recovery to facilitate return to work in due course to enable ‘gainful employment’ at 30 hours per week, every week, on a sustained basis for a 12 month period”.
As Mr Cottrell was unable to work, he submitted a deterioration claim to request a formal review of his war pension assessment in January 2014 and was sent for an assessment with Atos Healthcare in April of that year. The report from this assessment is scattered with errors, which is not surprising, given that Mr Cottrell informs me that he was not asked all the questions that appeared in the report. We have all heard about the errors and indignities our constituents have suffered during these assessments, and earlier today I took part in a Westminster Hall debate on disability assessment services, where Member after Member brought up harrowing examples of flaws with the assessment procedure. Now is not the time to rehearse those massive flaws in the way those assessments are carried out, because, flawed though that assessment was, I am here today because of opportunities that were not taken afterwards to put the situation right.
Does my hon. Friend agree that the pension age has been increased to 67 and we have WASPI—Women Against State Pension Inequality Campaign—women who must also have served in the Army, perhaps in this regiment, and they are entitled to a pension as well, along with others?
I thank my hon. Friend for his intervention and he is right; the injustices the WASPI women have suffered have been repeatedly mentioned in the Chamber. When they see how we are incapable of finding a way through our current predicament, they will be disheartened to see that this Government cannot deal with such a major injustice.
Let me return to Mr Cottrell’s assessment. It contained many errors, including saying that Mr Cottrell drinks alcohol occasionally when he was not asked about alcohol during his assessment. It exaggerated his ability to walk, saying that he was able to walk further than 800 metres, despite only being observed walking 10 metres to the examination room during the assessment. Let us not forget the earlier assessment in 2012 said he could not walk more than 200 metres, and clearly his condition had not improved in the meantime. Perhaps the most incredulous part of the assessment was the conclusion that his PTSD was ‘likely to improve”, an assumption that was not based on any medical evidence whatsoever. In fact, it was direct contradiction to what Dr Nightingale said in her report, which was that this would not happen. Clearly, her views were not given anything like the same weight as the views of the Atos assessor, who saw Mr Cottrell for only a short amount of time.
As a result of the incorrect report, Mr Cottrell received a decision letter in July 2014 stating his war pension rate would not change. He disputed the findings of the assessment, as he did not believe that the medical evidence had been adequately taken into consideration. His complaint was referred to the independent complaints executive, which informed Mr Cottrell that his complaint was not in its remit and so he requested that Veterans UK investigate his complaint. Mr Cottrell informs me that the chief medical officer of Veterans UK reviewed the complaint and concluded that Dr Nightingale’s assessment was incorrect as it only referred to him being unable to work for the next 12 months. Rather incredulously, he also said that the report should not be trusted due to the close relationship Mr Cottrell would have with Dr Nightingale as his GP. Given that Dr Nightingale assessed Mr Cottrell via the occupational health department of his employer and was not his GP, this demonstrates clearly that her report was not properly considered, understood or possibly even read at all.
In fact, the contents of Dr Nightingale’s report are really the nub of the issue, as it has since transpired that the paperwork shows that the decision on Mr Cottrell’s claim was made three days before the medical report from Dr Nightingale was received by the assessors. The report was recorded as being received by the department on 14 July, although for some reason the recorded date is 15 July, but, crucially, the decision on Mr Cottrell’s claim was made on 11 July. This is a basic error—it is factually indisputable—but since that point, the whole process has been characterised by a total failure to acknowledge that mistake and act accordingly.
An example of that failure is that the records reveal that when the assessing doctor was informed that Dr Nightingale’s report had been received late and was asked whether that would have altered his decision, the assessing doctor did not actually look at it again, because the response was in fact from a different colleague, who said that the assessing doctor was not available, but that in the new doctor’s opinion the original decision remained appropriate. It seems to me to be wholly inadequate to have one professional trying in effect to second-guess what another professional might have said. It should have been sent back to the original doctor to do the whole thing again. Had that happened, I very much doubt that we would be here today.
Following that decision, Mr Cottrell proceeded with the internal complaints procedure of Veterans UK, while also appealing the decision at tribunal. His case was eventually heard in February 2015, and the tribunal was unsuccessful. Worryingly, papers from the tribunal demonstrate that half Dr Nightingale’s report was omitted from the appeal pack. So, for a second time, the full evidence was not considered. Following that, Mr Cottrell was told that only procedural issues could be dealt with via the remaining complaints procedure.
Mr Cottrell informs me that because of the controversy over Dr Nightingale’s report, he decided to write to her in September 2015 about the interpretation that the department had made of her report regarding the period for which he was unfit for work. Dr Nightingale responded by stating that in her professional opinion, as had been detailed in the report previously, Mr Cottrell was permanently unable to work. That letter was then sent to the MOD.
In the meantime, Mr Cottrell made a new deterioration claim for extra allowances for his war pension, and Dr Nightingale’s letter was added to the new claim file, rather than being considered as part of the ongoing dispute regarding the 2014 Atos assessment. This review resulted in an increase in Mr Cottrell’s war pension from 50% to 70% in August 2015, and he got unemployability supplement in November 2015. Indeed, on 26 November 2016, Mr Cottrell received a letter from Veterans UK saying that he was entitled to unemployability supplement
“because we think you are unable to work”.
Curiously, this decision did not require a medical assessment, and instead used both the letter submitted by his GP and the report made by Dr Nightingale. So, 18 months on, we finally got the right decision, even though the medical opinion had not changed during that time. Given that both the information from his GP and Dr Nightingale had been discounted by Veterans UK previously, Mr Cottrell feels that demonstrates that the objection to his appeal was unfounded and that his award should be backdated to January 2014, when the deterioration was originally reported and the application made.
In the meantime, with regards to his complaint, Mr Cottrell was informed by Veterans UK that it would no longer respond to his or his solicitor’s correspondence, so he referred the complaint to the Parliamentary and Health Service Ombudsman. Following this, Mr Cottrell received a visit at home from the customer services manager of Veterans UK. He tells me that during this visit he felt he was being encouraged to drop his complaint because his new claim had been approved. I find that a rather curious approach to take, if not an improper one. Frankly, the implication that he should be satisfied with his lot is simply not good enough.
My constituent deserves to receive the war pension to which he was fully entitled from the beginning. He should not be expected to write off several years of underpayment just because the MOD got it right in the end. I am deeply concerned that because the appeals process open to him was not sufficient to deal with his complaint and instead resulted in a drawn-out affair, he had to use a solicitor, running up a bill of nearly £5,000. It was only because of the financial costs that he could not pursue his legal case any further.
I have been trying to resolve this unfair situation since June 2015, just after I was first elected. That is nearly four years. In that time, I have written to the Minister responsible on nine occasions and twice to the independent complaints panel, which subsequently took up Mr Cottrell’s complaint. At this point, I pay tribute to my caseworker Eve, who has done a great job in keeping the issue going all the way through. We should all acknowledge the great work that our staff do. I think that every Member would agree that without them we would not be anywhere near as effective as our constituents would like us to be.
As the House can tell, the details of this case are long and complicated, but at the heart of it lie two simple truths: first, a mistake was made in assessing Mr Cottrell’s deterioration claim in 2014; and secondly, since then, no one has been prepared to admit that mistake and put it right. That is not how justice is supposed to work in this country. If a wrong has occurred—I hope that it is patently obvious from what I have said that the original decision was wrong—then nobody, and certainly not someone who has suffered as a result of service to their country, should be faced with such a begrudging attitude, which is essentially, “Well we got there in the end, albeit a few years late, so be satisfied with your lot.”
That brings me back to where I started. Our servicemen and women deserve respect, support and fair treatment both during and after their service. I do not believe that we have seen that in this appeals process. I am concerned that the bodies and processes are not sufficient to deal with complaints in general.
Eventually, the Veterans Advisory and Pensions Committees found in Mr Cottrell’s favour and strongly recommended that his war pension was backdated, yet Veterans UK ignored this recommendation. I appreciate that it is an “advisory” committee, but what is the point of making recommendations if no one listens to them and they cannot be enforced? Mr Cottrell was also concerned that he was not able to present his case in person to the VAPC, which meant that he could not, for example, make the case for repayment of his legal fees. Mr Cottrell does not know what evidence was considered by the panel, and his communications with VAPC were via Facebook Messenger. I think there is now an acceptance that that was not an appropriate channel for communication, but it does bring into question the resources available to the VAPC to deal with the administration of hearings, which seemed to take an age to happen.
It has also been brought to my attention that the Independent Complaints Panel is made up of members of the VAPC, so how, in those circumstances, can it really be independent? In my correspondence with the Minister, and his predecessor, I have asked for a review of the way that this case has been handled, so that mistakes are learned from and no one else has to suffer in the way that my constituent has. I believe that my constituent deserves an apology from the Ministry of Defence, compensation to cover his solicitor’s fees and the backdating of his award to the original application date.
As the Minister himself confirmed in his letter of March 2017, the backdating of awards can be considered when there has been an error in the handling of a case, and I believe that that is the only reasonable outcome. It is manifest that there was an error in the original assessment, and after four years there was a recognition by the VAPC that the original decision was wrong, but why my constituent feels so strongly about this, as do I, is that it should not have taken four years to go through this process, which at the end of it turns out to be something that cannot be legally enforced.
Although there is obviously the individual injustice that my constituent has suffered, questions need to be asked about how such an obvious error was allowed to continue for so long. The Government also need to review the powers of the VAPC. If its decisions cannot be enforced then it is a toothless body, which gives people false hope and wastes people’s time. Frankly, our veterans deserve better.