Councils Reminded Of Their Legal Duties Under Armed Forces Covenant On VE Day

As the UK marked its 80th anniversary of VE Day, local authorities were urged to review how they meet their legal obligations to the Armed Forces community under the Armed Forces Covenant.

Introduced in its current form in 2011 and given legal force through the Armed Forces Act 2021, the Covenant is a national promise that those who serve or have served in the Armed Forces, as well as their families, should be treated fairly and not face disadvantage when accessing public services.

Legal Duty For Local Authorities

Section 8 of the 2021 Act amended the Armed Forces Act 2006, inserting new provisions (sections 343AA to 343AF) that place a legal duty on certain public bodies, including councils, to have “due regard” to Covenant principles.

This duty applies specifically to functions related to healthcare, education and housing… although many councils go beyond this to include welfare, employment and public health initiatives too.

Despite widespread support (every council in the UK has voluntarily signed the Covenant), a recent report by the House of Commons Defence Committee (April 2025) found inconsistent implementation across local authorities.

The report called for stronger enforcement mechanisms and a clearer national strategy to ensure the Covenant is upheld uniformly.

What Councils Must Do

Under the legislation, councils must consciously consider how decisions might impact members of the Armed Forces community.

This isn’t about giving preferential treatment but ensuring fair access and avoiding disadvantage caused by military service.

To support this, councils are encouraged to:

• Appoint a dedicated Armed Forces Covenant lead officer
• Reference the Covenant Duty explicitly within council constitutions and decision-making frameworks
• Review policies in relevant areas such as housing allocations, homelessness services, and tenancy strategies
• Ensure internal decision-making mechanisms prompt consideration of Covenant principles
• Promote awareness of these obligations both internally and externally

For example, some councils have embedded Covenant considerations in their governance documents.

A typical statement might affirm that the council will have due regard to:

• The unique obligations and sacrifices of service personnel
• The need to remove disadvantage arising from military service
• The potential justification for special provision for the Armed Forces community

Examples Of Good Practice

Councils such as Warwickshire County Council and Coventry City Council have created e-learning modules to train staff, while others, like Adur & Worthing Councils, have published detailed Armed Forces Covenant action plans.

However, the Defence Committee’s report noted that a number of councils take a minimalist approach, citing a lack of additional funding to support the duty.

Whilst the legislation allows for flexibility in how councils meet the requirement, it makes clear that doing nothing is not an option.

Guidance & Support Available

Local authorities are not without support.

Statutory guidance under the Armed Forces (Covenant) Regulations 2022 sets out how councils should comply. This builds on earlier government guidance, including:

• The 2020 guidance on improving access to social housing for Armed Forces members
• A national guide for local authorities on delivering the Covenant locally
• Specific statutory guidance on housing allocations