Expert Opinion

When duty calls: Legal challenges faced by service members

Being part of the armed forces can be an exciting and varied job. But, working in the military means you are governed by a different set of rules than regular citizens, and the way the law works is no different. That is not to say that citizen law doesn’t apply because it still does.

The purpose of the legal system within the military is to uphold good discipline and order, as well as encourage active-duty members to carry out their duties to the highest standard.

However, these standards may create certain challenges in service members’ lives. If you have a legal issue within the military such as being injured in the line of duty, speak to a firm of specialist military solicitors who can help with any armed forces claims.

Deployment issues

Deployment is an expected event for most military families, but that does not mean it is simple. As the law stands, military personnel can be deployed when asked to do so by any relevant civil authorities. This doesn’t always have to be for war but for relief efforts in natural disasters or bomb disposal.

Being deployed can create some issues when there are custody issues for children or marriage or divorce proceedings, for example. Being away from home regularly on deployment can have an impact on a service member’s ability to deal with personal legal issues.

Although you will be given as much notice as possible before deployment, sometimes it is not possible to give more than a couple of weeks. The Navy has various programs to help support children and families of deployed personnel.

Discrimination and harassment

The military has a bit of a checkered history when it comes to discrimination. It wasn’t until October 2018 that women were allowed to be in combat roles, even though they had been involved in military life for a long time before that.

At the moment there is a government council looking into women’s experiences within the military. There are eight testimonies from women detailing the sexual harassment they have experienced, as well as the treatment they received once they reported it.

It is not only women that face discrimination in the military. LGBTQ+ abuse is rife, as is racial discrimination. The Prime Minister recently apologised for the bullying and abuse LGBTQ+ service personnel have experienced throughout the military’s history.

Family and personal legal matters

The Armed Forces Act 2021 helps to protect service personnel and veterans from being at a disadvantage when it comes to accessing various public services. The three main areas that it focuses on are housing, education and healthcare.

The Act also aims to support families during deployment, ensuring that they are not disadvantaged due to a parent being deployed. This means that topics such as childcare, education requirements and funding are all taken into account in a support package.

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