Westminster Policy News & Legislative Analysis

Service complaints rules updated for Armed Forces Commissioner

The Ministry of Defence has signed off a short statutory instrument to align service complaints rules with the new Armed Forces Commissioner. The measure updates the Armed Forces (Service Complaints) Regulations 2015 by replacing references to the Service Complaints Ombudsman with “Commissioner”. According to the instrument, it was made on 7 January 2026, laid on 15 January 2026 and is due to come into force on 1 April 2026. The change follows primary legislation establishing the Commissioner and abolishing the Ombudsman post. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2025/23/enacted?utm_source=openai))

The 2015 Regulations set out who can complain, time limits, admissibility decisions and the roles of decision and appeal bodies. They also referenced the Ombudsman in provisions dealing with applications to review admissibility and post‑decision reconsideration. The new amendment substitutes “Commissioner” throughout, including in headings, and inserts a definition of “Commissioner” for interpretation purposes. The procedural architecture of the 2015 Regulations otherwise remains intact. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1955?utm_source=openai))

This is a consequential change to the commencement of section 2 of the Armed Forces Commissioner Act 2025, which transfers all Ombudsman functions under Part 14A of the Armed Forces Act 2006 to the Commissioner. The Act’s explanatory material is clear that, beyond this transfer and a minor technical adjustment to the complaint procedure, there is no redesign of the service complaints system. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2025/23/crossheading/service-complaints/enacted?utm_source=openai))

For serving personnel and veterans, the route to raise a service complaint is unchanged: a statement of complaint is submitted and processed under Part 14A of the Armed Forces Act 2006 and the 2015 Regulations. Oversight and review powers that previously sat with the Ombudsman now sit with the Commissioner once the amendments take effect. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1955?utm_source=openai))

Operationally, Defence and single‑Service secretariats will need to update internal guidance, forms, intranet pages and training materials to reflect the new title by 1 April 2026. Front‑line signposting should be checked so that personnel and families seeking oversight or review are directed to the Commissioner rather than the former Ombudsman office. These are administrative updates rather than policy shifts and do not alter statutory time limits or admissibility tests already in force. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1955?utm_source=openai))

For live or pending oversight matters, statutory continuity is provided by the 2025 Act: the Commissioner inherits the Ombudsman’s functions under Part 14A. In practice, this means applications that would previously have been addressed to the Ombudsman for admissibility review or reconsideration fall to the Commissioner from commencement without changing the underlying thresholds. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2025/23/crossheading/service-complaints/enacted?utm_source=openai))

Parliamentary material confirms the policy intent behind the reform: to create a single independent officeholder focused on service welfare, with the Ombudsman’s service‑complaints oversight absorbed into that role. The House of Commons and Lords libraries note the transfer and emphasise that the complaints process itself remains governed by the amended 2015 framework. ([commonslibrary.parliament.uk](https://commonslibrary.parliament.uk/research-briefings/cbp-10145/?utm_source=openai))

Ministerial statements during passage reiterated that service complaints are not made directly to the Commissioner; complaints must continue through the established process, with the Commissioner’s role centred on oversight and review rather than first‑instance decision‑making. This clarifies the interface between the Commissioner and the chain‑independent decision bodies introduced in recent reforms. ([hansard.parliament.uk](https://hansard.parliament.uk/lords/2025-03-24/debates/90E8809D-361F-44B8-A6EA-C5A0F1864687/ArmedForcesCommissionerBill?utm_source=openai))

Bottom line for practitioners is straightforward. Schedule time now to revise documentation and brief teams; continue to apply the 2015 Regulations as amended; and expect external communications and annual reporting to reference the Armed Forces Commissioner from April. The statutory base for the system remains Part 14A of the 2006 Act as modified by the 2025 Act and the new amending instrument. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2015/1955?utm_source=openai))