AGAI Vol 2 Ch 70 - Redress of complaints

Discussion in 'Military Discipline' started by Lordfelcher, May 14, 2006.

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  1. chapter 70 covers the management and resolution of complaints and there are some fairly strict time limits that have to adhered to. to quote directly:

    70.010 Delay. There are many legitimate reasons why the management of individual complaints becomes a lengthy process but delay incurred through neglect or negligence is unacceptable. It is unfair and unjust and runs counter to the principles enshrined in the Military Covenant6; the Army is obliged to deliver fair treatment and to value and respect its people. This underpins the relationship between the Army and its personnel and therefore in dealing with complaints swiftly,commanders ensure the Army fulfils its obligations towards the Covenant.Nonetheless, in minimising delay commanders and staff at all levels must ensure thisis not achieved at the expense of justice or the completion of a full investigation. Similarly Complainants have a responsibility to expedite the handling of a complaint by responding to correspondence and requests for information promptly.

    [70.022 Target Times. At each stage of the process the complaint should be investigated and either resolved, denied or if resolution of the complaint is beyond the means of the commander at that level, referred to the next level. The aim is that a final determination on any complaint should be achieved or the case submitted to the Army Board within six months of the formal written submission by the Complainant. For guidance the following target times should be applied:
    a. At unit level this should be completed within 20 working days of its
    receipt by the Receiving Officer.
    b. At Brigade level (if the case is referred by formation headquarters) the
    complaint should be considered by the staff within 10 working days and
    completed within a further 20 working days.
    c. At Divisional/Theatre level the complaint should be considered by the
    staff within 10 working days of receipt, and completed within a further 20
    working days.
    d. Army Appeals Wing should resolve8 or prepare the case for disclosure
    to the complainant within 40 working days of receipt.
    e. DALS should consider the case and prepare legal advice for the Army
    Board within 30 working days.
    f. The Army Board should resolve or dismiss the complaint within 20
    working days of receipt.
    g. The Army Board determination should be promulgated by Army
    Appeals Wing within 5 working days
    .

    My question is this, I have submitted a Redress that has now reached division and is in the hands of G1 for investigation. The officer tasked with my casefile just happens to be instructing abroad and is away for at least another six weeks. I have worked out from Ch 70 that division should have completed everything within 80 working days from my initial submission and we are now at 90 working days with another 30 working days to go before the casefile officer returns and starts working on it. Is this delay negligent? I have already asked my unit what can be done but I have been told that i will just have to wait?
     
  2. I think it is about time you consulted a solicitor experienced in military case law!

    It seems to me that they have exceeded 30 days at the moment, Not 80....
    It should not matter how long or short a time Regiment & Brigade took:

    c. At Divisional/Theatre level the complaint should be considered by the
    staff within 10 working days of receipt, and completed within a further 20
    working days.

    If your case-file officer is not available, it should be re-assigned to one that is.
     
  3. I would have thought it would get re assigned to someone else but alas no. My father is totally outraged by the whole thing and wants to write to his MP, but Im not sure if that will land me in it or not.

    Apparently it took 20 working days for it to get from brigade to division and they are in the same garrison!
     
  4. are you even surprised?

    mine has been at brigade level alone for almost 100 working days. chill winston, these things take time. :)
     
  5. First contact your assisting officer, put what you have said in writing so you have a record of your concerns and that you can show you have made your Chain Of Command aware.

    If your assisting Officer is not cutting the mustered Contact Army Appeals Wing Glasgow, you will not get into trouble for simply asking your question.

    If this fails. please do let your farther complain to his MP on your behalf and outline the failings in the system, You will not get into trouble, your Chain Of Command will not dare give you a hard time once this action has taken place, but first give your CofC the chance to resolve it first.

    any further assistance feel free to PM me

    Good luck :wink:
     
  6. blimey kenny, you don't hold back in the "cat amongst the pigeons" department, do you? ;)
     
  7. Thanks for all the helpful PMs! I am waiting for my Solicitor to phone back after pondering on it, but his first thought was to let it run and keep count of how many more screw ups are encountered and use them as ammunition if the deliberation does not go my way.

    I dont officially have an advising officer as the CO, 2ic And Adjt all had an input into the content of the redress. But apparently I am not my fathers keeper and cant be held responsible for his actions, well not officially anyway.
     
  8. Yet another reason for the creation of a BAFF :wink:
     
  9. ViroBono

    ViroBono LE Moderator

    Precisely.
     
  10. so do i get a telegram from the queen when my redress has been at one level for 100 days?
     
  11. Right the advice from the solicitor is that I should inform the CoC that I am giving them 14 days grace to get their act together. Then if nothing has happened, I am to submit another redress complaining that the other redress is being unfairly delayed. If that then fails to grab their attention then my solicitor will step in and take over. He said it is not unusual to have up to three consecutive letters of redress in the system and he has heard of one case reaching seven!
     
  12. Without knowing the details of your case or how serious it is. I would say this is an ARRSE about face way of going about matters as far as sending another redress after 14 days. Your Solicitor could very easily send a letter now, direct to AAW and Division stating the obvious. Sending one redress application after another only confuses matters and lengthen the redress and places stress on yourself.

    As you will now be complaining about Division, you will now have send new redress to another Division for staffing ect, ect I think you can see where this is going.
    You don't want to build up a case around a number of redress applications, just make note and insure your CoC are informed of your concerns, that is all you really need to do and as I pointed out in my last.

    I have been involved in a number of redress cases. One very serious case went on for over four years. That case was partly responsible for the time lines and other amendments in AGAI ch 70 that you have today.

    Again if you need further assistance or address of who you need to write too, im happy to help.

    KGN
     
  13. lordfelcher, is your redress complex or fairly straightforward?

    if it's complex, i think it is only to be expected that there is some delay.

    if it's simple, kick arrse.
     
  14. Being "complex or fairly straightforward" does not seem to be the case here? It is delayed due to being tasked to someone who is not even available!!
     
  15. obviously. but if it is particularly complex, might there be a case for it staying with the officer who has gone away for 6 weeks? (assuming he / she had started work on it already).