The Ministry of Defence has set out the investigative procedure for the new Armed Forces Commissioner through the Armed Forces Commissioner (Service Complaints Investigations) Regulations 2026. The instrument replaces the Ombudsman investigations regime and comes into force on 1 April 2026.
The Regulations are made under sections 340H, 340I, 340L and 373(5) of the Armed Forces Act 2006, as updated by the Armed Forces Commissioner Act 2025. They apply across the United Kingdom and align terminology with the Act, including references to “complainant” and “relevant service matter”. Actions specified by the Regulations may be carried out by post or electronically, with legal effect accorded to electronic communications.
Applications to the Commissioner under section 340H must be specific. Where a complainant seeks an investigation into a decision on a service complaint (section 340H(1)(a)), the application must identify the aspects of the decision that are disputed, the reasons for disagreement and the redress considered appropriate. For alleged maladministration in handling a complaint (section 340H(1)(b)), the application must set out the maladministration, any injustice suffered and the supporting facts. Where the issue is undue delay in a service complaint or a relevant service matter (sections 340H(1)(c) and (d)), the application must detail the delay, the injustice and the factual basis.
If the application is brought under section 340H(1)(a) or (b), copies of the underlying decision, any appeal determination or reconsideration decision under the Armed Forces (Service Complaints) Regulations 2015 must be attached. Every application must state the date it is made; late applications must include reasons. For procedural certainty, an application is treated as made on the day it is posted or sent electronically to the Commissioner.
Time limits are firm. Requests to investigate a decision or alleged maladministration must be lodged within six weeks of the relevant date. That date depends on the appeal position: where an appeal has been determined; where an appeal was rejected because it was not brought on a valid ground; or where no appeal right exists on any known ground. The Commissioner may nevertheless accept an out‑of‑time application if it is just and equitable to do so. For service of notifications, receipt is deemed to occur on the second day after posting or electronic sending.
On receipt, the Commissioner must decide whether to begin an investigation and notify both the complainant and the Defence Council, giving reasons. If an out‑of‑time case is accepted, the decision must explain why it is just and equitable. Where maladministration comes to light during an investigation, the Commissioner may expand the scope and must inform the complainant and the Defence Council with reasons.
A complainant may withdraw before an investigation is completed. On withdrawal, the Commissioner must send a copy of the notification to the Defence Council and decide whether to begin, continue or discontinue the investigation, then notify both parties with reasons.
The Commissioner may require documents or other information within a reasonable period and specify the form in which it must be provided. If material is not supplied on time or in the requested form, the Commissioner may nonetheless complete the investigation and report.
Those potentially affected are entitled to comment. The Defence Council, any person alleged to have caused maladministration, anyone who is a subject of the service complaint and anyone likely to be criticised in a way that touches their character or professional reputation must be offered an opportunity to respond. Any oral hearing is held in private unless the Commissioner judges that all or part should be public; attendance and reporting can be restricted. Representation, including by a legally qualified person, may be allowed where necessary for fairness or to protect rights or interests. Reasonable expenses and allowances for time lost (excluding legal fees) may be paid to those who attend to give evidence.
Reporting follows a two‑stage approach. The Commissioner may send a draft report to the complainant and other specified persons and may reference their comments and responses in the final report. Clerical errors in a report can be corrected by certificate. Final reports must be sent to the subject of the service complaint and to any person criticised in the findings or recommendations, alongside the statutory recipients required by the Armed Forces Act 2006. The Commissioner may impose confidentiality obligations where appropriate and lawful, including for reasons of national security or personal safety.
Reconsiderations are expressly provided for. The Commissioner may investigate a subsequent application that relates to a reconsideration under section 340M(2) of the Armed Forces Act 2006. A six‑week limit applies from notification of the decision specified in section 340M(5)(b), subject to the same just‑and‑equitable discretion and the two‑day deemed‑receipt rule.
Transitional and consequential provisions ensure continuity as functions transfer from the Service Complaints Ombudsman to the Armed Forces Commissioner. Acts done by or in relation to the Ombudsman continue as if done by or in relation to the Commissioner; rights, liabilities and obligations (including confidentiality) persist; running time periods continue; and, where a period expired before commencement, the Commissioner may accept an application if just and equitable. The Regulations amend the 2015 transitional and savings instrument to refer to the Commissioner and revoke the 2015 Ombudsman Investigations Regulations and their 2022 amendment. For commanders, advisers and complainants, the practical steps before April are to update templates, guidance and case‑handling to reflect the six‑week windows, documentary requirements, electronic service and the potential for confidentiality directions in draft and final reports. The immediate change for personnel is the shift in point of contact from the Ombudsman to the Commissioner and the importance of retaining notifications and decisions to evidence the relevant date.