LGBT Financial Recognition Scheme: Military injury lawyers set out what you need to know to make a claim

Prior to 2000, the British Armed Forces enforced the so called “gay ban” policy. 

Although the Sexual Offences Act 1967 decriminalised homosexuality in the UK, it remained illegal in the Armed Forces. 

If the sexual orientation and/or gender identity became known of a serving LGBT individual, they could face grounds for instant discharge or dismissal, even military imprisonment. 

In January 2000, following significant legal challenges, the ban was lifted. Such challenges included, proceedings issued by veterans, fighting for their human rights. The European Court of Human Rights found in favour of veterans, acknowledging that the decisions taken to discharge them, was a violation of Article 8, therefore interfering with their right to a private life. 

The LGBT Financial Recognition (FR) Scheme 

As of 13 December, 2024, the LGBT FR Scheme opened and will accept applications until 12 December 2026. It followed the Government issuing an independent review in 2023 which sought to highlight the impact the ban had on LGBT veterans. 

Lord Etherton’s recommendations included the establishment of the LGBT FR Scheme, which has provided a significant step to acknowledging the historical injustices faced by LGBT personnel who, between 1967 and 2000, were banned from serving openly in HM Armed Forces.

How much money has been set aside? 

The Government has set aside £75 million for LGBT FR payments in a bid to mend the relationship with LGBT veterans and ensure a more inclusive future. 

Who is eligible?

1. Only those who served in the HM Armed Forces between 27 July, 1967, and January 11, 2000. 
2. Service personnel affected by the LGBT Ban while serving in the HM Armed Forces during this period. 

There are two types of payments

1. LGBT Dismissed or Discharged Payment. This is for individuals who were dismissed or administratively discharged due to their sexual orientation or gender identity. 
2. LGBT Impact Payment. For those who experienced a personal impact of the ban. 

Why is submitting accurate evidence important?

When applying for the LGBT FR Scheme it's crucial to submit accurate and complete evidence as once the application is submitted, there's only a two-week window to make any amendments or provide additional information.  

Therefore, to ensure your claim is fairly assessed and properly processed submitting full and accurate evidence first time is essential. 

Consider the following points to ensure your application is accurate and complete:

Eligibility Verification

1. Service Records: Include official documents to verify your service period in the HM Armed Forces, such as service records or discharge papers.
2. Proof of Dismissal or Discharge: Provide any documentation that shows you were dismissed or administratively discharged due to your sexual orientation or gender identity. 

Assessment of Impact

1. Personal Statements: Write a detailed personal statement to demonstrate how the ban impacted your life during service. Provide specific examples of the challenges you faced. 
2. Supporting Statements: Collect statements from colleagues, family or friends who can provide supporting evidence as to how the ban impacted you, this can add credibility to your claim.
3. Medical Records: Include medical records that may document physical or psychological harm you suffered as a result of the ban. 

Documentation and Evidence

1. Photographs and Correspondence: Provide any letters, emails or photographs that demonstrate the impact the ban had on you; this can further support your claim. 
2. Legal Documents: Include copies of any legal documents if you were involved in any legal proceedings related to your dismissal or discharge. 

Application Process

• Online Application: Submit your claim via the Defence Gateway platform.
• Supporting Evidence: Provide thorough documentation to verify eligibility and impact.
• Appeal Process: If your claim is denied, you can appeal with additional evidence.

Legal experts can provide specialist advice 

As highlighted, submitting an application with full details and supporting evidence is crucial. Therefore, having specialist advice from the beginning will increase your chances of success. 

If your claim under the LGBT FR has been rejected, we can support veterans through the appeal process. However, there is limited scope for appeal. Therefore, it is important to get your claim right from the outset, which will ensure a higher chance of success with your LGBT FR claims.  

Our specialist Military team has more than 25 years’ experience advising and supporting veterans. It also includes lawyers who’ve served in the Armed Forces, offering a unique insight and understanding of specific challenges faced by LGBT veterans during the period of the ban. 

For more information visit our LGBT FR Scheme Claims section. Alternatively, to speak to an expert contact us or call 0370 1500 100.