Question to the Ministry of Defence:

To ask His Majesty's Government, in the light of the recommendation of the LGBT Veterans Independent Review that any dispute of facts relating to the resignation or dismissal of an LGBT veteran should be decided with a reverse burden of proof, what steps they have taken to ensure such veterans are considered for financial reparation.

All LGBT veterans who were dismissed or discharged due to the Ban can apply to the Financial Recognition Scheme (FRS) for the Dismissed or Discharged Payment. LGBT veterans who were impacted in other ways under the Ban, including veterans who felt pressured to resign, can apply for an Impact Payment, which is determined by an Independent Panel. The Panel considers the applicant’s testimony, any supporting information, and any Service records.

For all applications made to the FRS, the burden of determining whether a fact or matter occurred lies with the Ministry of Defence (MOD) rather than the applicant. Unless the MOD finds evidence to contradict their testimony, the facts or experiences reported by an applicant will be accepted as taking place, if, on a balance of probabilities, they are more likely to have occurred than not. This approach recognises the historical issues relating to the retention and destruction of documentation and prevents applicants being disadvantaged due to records being incomplete through no fault of their own.