About us
This is an independent review into the service and experience of LGBT veterans who served between 1967 to 2000.
About the Review
The LGBT Veterans Independent Review findings and Final Report have now been published. You can access these at lgbtveterans.independent-review.uk.
Note: when we refer to ‘veterans’ here we are referring to those who served in the UK Armed Forces anytime from 1967 to 2000. Those who are still serving are included in this as long as they served between 1967 to 2000.
We have been established as an independent Review to examine the effect that the pre-2000 ban on homosexuality in the UK Armed Forces has had on LGBT veterans. The Review will seek to better understand the experience of LGBT veterans who served in the UK Armed Forces between 1967 and 2000.
The Government accepts that this historic policy banning homosexuality in the Armed Forces was wrong and has committed to work to understand, acknowledge and where appropriate address the effect it has had on veterans, in particular in relation to members of the LGBT community.
The Review is independent of the Government and the Armed Forces. In delivering a focused, independent, and robust Review we wish to give those affected by the pre-2000 ban the opportunity to give their testimony, so recommendations on how to address the historic hurt experienced by LGBT personnel can be made.
The purpose of the Review is not to specify a remedy in respect of a claim by a particular individual but to make recommendations to the Government, in the light of all the evidence gathered in the Review, as to how the Government can best fulfil its commitments set out in the Strategy for Our Veterans.
Terms of reference
The commitment to carry out a review of the experiences of LGBT Veterans who served from 1967 to 2000 was set out in the Veterans Strategy Action Plan 2022-24.
Background to the ban and legal context
It was an offence under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 to be guilty of “any disgraceful conduct of a cruel, indecent and unnatural kind” or “any conduct … to the prejudice of good order and …discipline”. Prior to 2000 homosexual acts were regarded under the policy of Her Majesty’s Armed Forces as falling within both of those descriptions.
Aside from those offences, the policy of all three services of the Armed Forces was that homosexuality, whether male or female, was of itself incompatible with service in the Armed Forces. If personnel were found to be or admitted to being homosexual, they would be required to leave the Forces, irrespective of whether they had engaged in homosexual conduct or remained celibate. This policy was given effect through the provisions of the Queen’s Regulations.
Section 1(1) of the Sexual Offences Act 1967 decriminalised homosexual acts between adults in private. Sub-section 1(5) provided that this did not prevent an act from being an offence under any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
After 1994 homosexual acts on their own (i.e. unaccompanied by any other acts or circumstances) were no longer offences under the Armed Services Acts. That was the effect of the Criminal Justice and Public Order Act 1994. That Act, however, also stated that homosexual acts could still be a ground for discharging a member of the Armed Forces from the service.
That policy of administrative discharge for merely being homosexual continued at a time when bans on homosexuals in the Armed Forces of other nations had been removed, including Canada, Australia, New Zealand, Israel, Ireland, the United States of America (“don’t ask; don’t tell”), Germany, France, Norway, Sweden, Austria and the Netherlands.
In 1996 four serving members of the Armed Forces (one woman and three men), who had been administratively discharged on the sole ground that they were of homosexual orientation, having failed in judicial review proceedings in England challenging the decision to discharge and the policy on which it was based, instituted proceedings before the European Court of Human Rights: Smith and Grady v The United Kingdom and Lustig-Prean and Beckett v The United Kingdom. In judgments delivered in September 1999 the Court held in both cases that the policy, and the investigations by the military police into the applicants’ sexual orientation and conduct, were unjustified interferences with, and so a violation of, the applicants’ right to a private life under Article 8 of the European Convention on Human Rights.
In subsequent judgments published in July 2000 the European Court of Human Rights made a monetary award in favour of each applicant by way of “just satisfaction” under Article 41 of the Convention. Each award included an amount for non-pecuniary damage and pecuniary damage. The Awards covered (but were not limited to) such matters as the emotional and psychological effects of the investigation and discharge, the difference between the applicants’ civilian income and benefits and their service income and benefits had they not been discharged, lost bonuses, and the effect of the loss of participation in the non-contributory pension scheme.
Following those cases, the Armed Forces’ policy of administrative discharge for homosexual orientation was withdrawn.
The Review Team
The Review is being chaired by The Lord Etherton PC Kt KC.
Lord Etherton is a crossbench member of the House of Lords. He was formerly Master of the Rolls, the President of the Civil Division of the Court of Appeal and the Head of Civil Justice in England and Wales. He has served as chair of the Law Commission of England and Wales and the Chancellor of the High Court. He is an honorary professor of law at Birkbeck, London University. Lord Etherton was the first openly gay judge of the Senior Courts. He entered into a civil partnership in 2006 and a same sex marriage in 2014.
The Review team is led by Rachel Seddon, an experienced civil servant.
Rachel is a member of the Senior Civil Service. Her last role in the Cabinet Office involved leading the publication of the Veterans’ Strategy Action Plan. She has held senior positions in the Cabinet Office, Home Office and Ministry of Defence. Rachel is a Chartered Psychologist and worked for the NHS and academia before joining the Civil Service in 2014.
The Review will be supported by advisers in the delivery of the Review and to help engage with the wider LGBT Veteran community.
Call for evidence
The Call for Evidence has now ended. Thanks to all who have contributed. We are now analysing the responses recieved. No response received after 1 December (including those postmarked after 1 December) will be considered.
To inform the Review we have issued a Call for Evidence.
While the focus of the Review will be seaking testimony from:
- LGBT veterans who served from 1967 to 2000. We also want to hear from
- those who also served in this period and witnessed the treatment of LGBT Service personnel;
- those involved in delivering the ban;
- friends and families of LGBT veterans who are for one reason or another not able to give evidence;
- Academics who work in this area; and
- Organisations who work in this area.
We will also be carrying out other research to inform the Review.
If you feel you fit into one of the above groups and would like to submit testimony, please respond to our call for evidence.
Any submissions we consider to be homophobic, biphobic, transphobic, abusive, and/or which do not include any relevant testimony related to the Review will be removed from our analysis and will not be used to form our recommendations.
Support
Read a list of national services that offer support to veterans. There may also be services local to you.
Encourage others to share their stories
If you are an organisation that engages with individuals who were affected by the ban, you can put the Review poster in your place of work to spread awareness of the Review and encourage anyone who served from 1967 to 2000 to share their story via our Call for Evidence.
Media
You can be updated about the Review by following us on:
Frequently asked questions
What is the purpose of the Review?
Until 12 January 2000, there was a blanket ban on homosexuality in Her Majesty’s Armed Forces. Those serving who were or were perceived to be gay, lesbian or trans could be dismissed or otherwise forced to leave Her Majesty’s Armed Forces. The Government accepts that this historic policy was wrong and has committed to work to understand, acknowledge and where appropriate address the effect it has had on veterans , in particular in relation to members of the LGBT community.
Can I participate if I am currently in the armed forces?
Yes, provided you also served between 1967 to 2000.
Can I remain anonymous?
Yes, you do not have to provide any details.
However, if you do want to participate in survey research or share your story in a case study there is an opportunity for you to do so.
What will the Review consider?
The Review is set to look at three main areas:
- The effect the ban may have had on LGBT veterans, or perceived to be LGBT, including the consequences for their future lives
- The accessibility of veterans’ services for LGBT people
- How to ensure that LGBT veterans are recognised and fully accepted as members of the armed forces
Who is the Review for?
The Review will consider the experiences of those who served in the Armed Forces between 1967 and 2000 and their families in the context of the pre-2000 ban. We will also be looking at the effect of the ban on others in the Armed Forces community, such as those who were incorrectly perceived to be gay, lesbian or trans.
How long is the Review?
The Review will run from June 2022 - May 2023 and the call for evidence will be opening shortly.
How can I participate in the Review?
We will be running a survey which will open shortly.
We also plan to talk directly to a selection of veterans, families and others in one to one interviews. Individuals will have the opportunity to volunteer to participate in interviews, and to provide case studies when completing the Call for Evidence. Depending on numbers we may not be able to review and collect case studies from all volunteers.
What evidence do I need to provide to take part in the Review?
To make sure we gather accurate testimony, we will ask LGBT Veterans who want to provide a response for their service number and date of birth so that we can confirm their service with the Ministry of Defence. This is voluntary, but it will help to ensure that robust evidence is received.
Will my information be confidential?
Yes, all information collected by the Review will be kept completely confidential and in line with GDPR. Please see our privacy notice for more information.
What will happen at the end of the Review?
The Review Chair, Lord Etherton, will send a report along with recommendations to the Chancellor of the Duchy of Lancaster and The Secretary of State for Defence and the Government will publish the report and its response in due course thereafter.
Will I be entitled to any compensation?
The Review chair will present the report and his recommendations to the Government. The Government will then decide what action it wishes to take.
Is the Review being carried out by the Ministry of Defence?
The Review has been commissioned by the Chancellor of the Duchy of Lancaster and the Secretary of State for Defence but the Review is independent and is not part of the Ministry of Defence or the Cabinet Office.
What support is available to me?
We understand that thinking about your experiences can be upsetting. If you require support and advice then the following organisations can help you.
How do I contact the Review team?
You can contact us by email or by writing to us at:
Freepost
LGBT VETERANS INDEPENDENT REVIEW
Contact us
If you wish to ask a question about the Review, please email us at [email protected].
We aim to respond within 20 working days, however, it may take longer to respond in busier periods.
Alternatively, you can write to the Review team at:
Freepost
LGBT VETERANS INDEPENDENT REVIEW