MoD seeks out-of-court resolution over gay veterans compensation battle

High court to decide whether judicial review can proceed for former personnel denied £50,000 payments

By LineZotpaper
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Wes Streeting is pursuing an out-of-court settlement to a legal challenge over compensation for gay veterans forced out of the armed forces because of their sexuality, as a high court judge prepares to rule on whether two former personnel can proceed with a judicial review of the government's LGBT financial recognition scheme.

The defence secretary told the Guardian that the Ministry of Defence was holding talks this week while a high court challenge is under way over rules that blocked some veterans from receiving £50,000 payments despite being forced out of military service.

Steven Stewart, 55, a former Royal Military Police corporal, and Mark Shephard, 49, who served in the Royal Air Force, brought the challenge after their departures were recorded as resignations rather than formal dismissals. That meant they did not qualify for the scheme's £50,000 dismissed or discharged payment. Stewart received £7,000 and Shephard £5,000 under a separate payment recognising the impact of the ban on LGBT personnel.

Gay men and lesbian women were banned from serving in the British military until 2000. Proper records were not held, but an estimated 200 to 250 personnel were thrown out each year because of their sexuality. The financial recognition scheme was established in 2024 under Keir Starmer's premiership.

Streeting, Britain's first out gay defence secretary, said he would be "careful" what he said because the case might be subject to judicial review. Asked whether he would review the rules to make sure veterans who were not formally discharged could also be eligible for the dismissal payment, he told the Guardian: "We do want to get this right so we'll keep the conversation going and see if there's a way forward that doesn't require legal action."

He stopped short of promising to change the rules or confirming any settlement was being considered. "It's tricky," he said. "The balance the review tried to get was making sure that where we've got records of dismissal, we're able to act. But also recognising there'll be lots of people who left for whom there were no formal records, and making sure they're still eligible to apply for support, which they are."

Streeting added: "I'd say to people, if you are one of those veterans who haven't yet applied please do, the money is there, we've got £75m allocated to this. Over £60m has already gone, but I'm sure there are still more people who could benefit."

He acknowledged that some veterans had died before receiving justice. "For me, a lot of these veterans, they're getting older and some of them sadly have not lived to see justice," he said. "What [the payment] can't do is erase the pain and the indignity of asking people who serviced their country faithfully to leave a career, to leave a service they loved because of who they are."

The looming high court hearing means the government could soon face a judicial examination of whether the rules intended to address historical discrimination have left some victims facing another injustice. Streeting also touched on current policy, saying he had a personnel responsibility to avoid repeating "those indignities and those injustices" for trans service personnel. He said the Ministry of Defence was still finding its way on guidance for single-sex spaces and wanted to get it right on a case by case basis.

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Analysis

Why This Matters

  • A high court judge will decide next week whether Steven Stewart and Mark Shephard can proceed with a judicial review of the government's LGBT financial recognition scheme.
  • The case tests whether a scheme set up to address historic discrimination has created a new injustice for veterans whose departures were recorded as resignations.
  • Ministers are holding talks this week, raising the possibility of a settlement that avoids a court examination of the rules.

Background

The LGBT financial recognition scheme was established in 2024 under Keir Starmer's premiership. Gay men and lesbian women were banned from serving in the British military until 2000, with an estimated 200 to 250 personnel thrown out each year because of their sexuality. The scheme offers a £50,000 dismissed or discharged payment, alongside a separate payment recognising the impact of the ban. Stewart and Shephard received £7,000 and £5,000 respectively under that separate payment.

Key Perspectives

The veterans and their supporters: Steven Stewart and Mark Shephard brought the challenge because their departures were recorded as resignations, not dismissals, leaving them ineligible for the £50,000 payment. They say they were targeted because of their sexuality and forced to leave.

The government: Wes Streeting said the review tried to balance cases where formal dismissal records existed with the experiences of veterans who left without records. He confirmed £75m was allocated, more than £60m has already been paid out, and urged eligible veterans to apply. He said the government wants to "get this right" and find a way forward that avoids legal action.

Critics and observers: The looming hearing raises questions about whether the Labour government is prolonging an injustice against people persecuted by the armed forces. Veterans who resigned under pressure could receive thousands of pounds less than those who were formally dismissed, and Streeting acknowledged that some veterans have already died without receiving justice.

What to Watch

  • The high court judge's decision next week on whether the judicial review can proceed.
  • Whether the Ministry of Defence offers a settlement changing eligibility rules for the £50,000 payment.
  • Streeting's comments on trans service personnel and single-sex spaces, and whether the government's approach to historical discrimination shapes current policy.

Sources

Checked

11 claims in this story checked against 1 source: 10 supported.

Show each claim
  1. SupportedThe MoD is seeking an out-of-court resolution over compensation for gay veterans.World news | The Guardian: “MoD seeks out-of-court resolution over compensation battle with gay veterans. Wes Streeting is pursuing an out-of-court resolution to a legal battle over compensation for gay veterans”
  2. SupportedA High Court judge is to decide whether two former personnel can proceed with a judicial review after they were denied £50,000 payments.World news | The Guardian: “Next week a high court judge will decide whether two former personnel, Steven Stewart, 55, and Mark Shephard, 49, can proceed with a judicial review”
  3. SupportedStreeting is pursuing an out-of-court settlement to a challenge over compensation for gay veterans forced out because of their sexuality.World news | The Guardian: “Wes Streeting is pursuing an out-of-court resolution to a legal battle over compensation for gay veterans who were forced to resign from the armed forces because of their sexuality.”
  4. SupportedThe MoD was holding talks this week while a High Court challenge was under way over rules blocking some veterans from receiving £50,000 payments.World news | The Guardian: “The defence secretary told the Guardian the Ministry of Defence was holding talks this week in the midst of a high court challenge over rules that blocked some veterans receiving £50,000 payments despite being forced out of military service.”
  5. SupportedStewart and Shephard did not qualify for the £50,000 dismissed-or-discharged payment because their departures were recorded as resignations, not formal dismissals.World news | The Guardian: “Neither qualified for the scheme’s £50,000 dismissed or discharged payment because their departures were recorded as resignations, rather than formal dismissals.”
  6. SupportedStewart received £7,000 and Shephard received £5,000 under a separate payment scheme.World news | The Guardian: “Instead, Stewart received £7,000 and Shephard £5,000 under a separate payment recognising the impact of the ban on LGBT personnel.”
  7. SupportedAbout 200 to 250 personnel were thrown out each year because of their sexuality.World news | The Guardian: “Proper records have not been held but about 200-250 personnel were thrown out each year because of their sexuality.”
  8. SupportedThe government’s LGBT financial recognition scheme was established in 2024 under Keir Starmer’s premiership.World news | The Guardian: “the government’s LGBT financial recognition scheme that was established in 2024 under Keir Starmer’s premiership.”
  9. SupportedStreeting said £75m was allocated to the scheme.World news | The Guardian: “we’ve got £75m allocated to this.”
  10. SupportedStreeting said over £60m had already gone to the scheme.World news | The Guardian: “Over £60m has already gone”
  11. Partly supportedStreeting’s quoted remarks about more veterans benefiting end with “there are still more people who could benefit.”World news | The Guardian: “Over £60m has already gone, but I’m sure there are still more people who could benefit so we want to make sure we get people the compensation that they’re owed.”

Zotpaper

Written by Rex Doyle on the World desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

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