The Ministry of Defence has laid the Armed Forces Commissioner (Service Complaints Investigations) Regulations 2026 (S.I. 2026/24) before Parliament under the negative procedure. The instrument implements the transfer of investigation functions from the Service Complaints Ombudsman to the Armed Forces Commissioner under the Armed Forces Commissioner Act 2025 and applies UK‑wide. It is scheduled to come into force on 1 April 2026. ([lordsbusiness.parliament.uk](https://lordsbusiness.parliament.uk/?businessPaperDate=2026-01-16§ionId=54))
Applications to the Commissioner must be submitted by post or electronically. Where an applicant challenges the substance of a service complaint decision, they must identify the disputed elements, explain their reasons, and state the redress sought. Allegations of maladministration must set out what went wrong (including any undue delay), the injustice said to have been caused, and the facts relied upon. Allegations of undue delay in handling either a complaint or a relevant service matter must likewise particularise the delay, resulting injustice, and supporting facts. Relevant decision letters and appeal determinations must be attached where applicable. An application is treated as made on the date it is posted or sent electronically. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
Time limits remain tight. An application asking the Commissioner to investigate the substance of a decision or related maladministration must normally be made within six weeks of the “relevant date”. That date runs from notification of the appeal outcome if an appeal was determined; from the final invalidity decision where an appeal was rejected because it was not brought on a valid ground; or, if no appeal right exists, from notification of the original decision. Notifications are deemed received on the second day after posting or electronic sending. Late applications may be accepted where the Commissioner considers it just and equitable. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
After receiving an application, the Commissioner must decide whether to open an investigation and notify the complainant and the Defence Council with reasons. If a late application is accepted, the decision must explain why it is just and equitable to do so. A copy of any accepted application must be sent to the Defence Council. The Commissioner may also investigate maladministration that becomes apparent during an investigation and must notify the parties with reasons. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
A complainant may withdraw an application in writing at any point before the investigation is completed. The Commissioner must send a copy of the withdrawal to the Defence Council and then decide whether to begin, continue or discontinue the investigation, notifying both the complainant and the Defence Council with reasons. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
For evidence gathering, the Commissioner may require documents or other information to be provided within a reasonable period and in a specified form. If the material is not provided as requested, the Commissioner may nonetheless complete the investigation and prepare a report. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
The Commissioner must give an opportunity to comment to the Defence Council; any person alleged to have been responsible for maladministration; any person considered a subject of the complaint; and any person likely to be criticised in relation to their character or professional reputation. Hearings, where held, are private unless the Commissioner considers it necessary to hold all or part in public; proportionate restrictions on attendance or reporting may be imposed. Representation, including by a legally qualified person, may be allowed where necessary for a fair determination or to protect the rights or interests of any person. Reasonable expenses and allowances for time may be paid to those giving evidence, excluding legal fees. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
Draft reports may be shared with the complainant and relevant parties, and comments may be addressed in the final report. The Commissioner must send the final report to the subject of the service complaint and to any person criticised in relation to character or professional reputation, alongside the statutory recipients under the Armed Forces Act 2006. Clerical errors may be corrected by certificate. Confidentiality obligations may be imposed on recipients of draft or final reports, including where disclosure would be against the interests of national security or might jeopardise a person’s safety. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
Subsequent applications linked to a reconsideration under section 340M of the Armed Forces Act 2006 can also be investigated. Such applications must usually be made within six weeks of notification of the reconsideration decision and are subject to the same deemed‑receipt and just‑and‑equitable rules as initial applications. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
The Regulations sit alongside the 2025 Act, which abolishes the Service Complaints Ombudsman and transfers Part 14A service‑complaints functions to the Armed Forces Commissioner. Existing service‑complaints processes continue under the Armed Forces Act 2006 framework, with the new office assuming the investigative role formerly held by the Ombudsman. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2025/23/crossheading/service-complaints/enacted?utm_source=openai))
For unit administrators and decision bodies, the six‑week clock is anchored to the date of notification of the appeal determination, the final invalid‑appeal decision, or the original decision where no appeal lies. Because notifications are deemed received on the second day after posting or electronic sending, accurate logs of dispatch dates and delivery methods are essential. Case files should retain copies of all complaint decisions and appeal outcomes to support any subsequent application to the Commissioner. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))
For serving personnel and former members, an effective application sets out the disputed points or alleged maladministration with supporting facts, explains the injustice suffered, and states the redress sought. Attach all relevant decision letters and submit by post or email, keeping proof of sending. Early action is advisable given the six‑week limit. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1956/data.html))