Armed Forces Covenant Statutory Duty 2022

Argyll and Bute Council · 24 August 2023
Back to Community Services Committee — 24 August 2023 and its agenda

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ARGYLL AND BUTE COUNCIL       COMMUNITY SERVICES COMMITTEE 
EDUCATION                24 AUGUST 2023 
ARMED FORCES COVENANT STATUTORY DUTY 2022 
1.0 EXECUTIVE SUMMARY 
1.1 On 22nd November 2022 UK wide legislation came into force in relation to the 
Armed Forces Covenant. 
1.2 The Armed Forces Covenant Duty places a legal responsibility on certain
organisations, namely Scottish Local Authorities and NHS Health Boards to  
pay ‘due regard’ to the principles of the Covenant. 
1.3  ‘Due regard’ means that in line with the Duty, organisations will need to
consciously consider the unique responsibilities and sacrifices made by
members of the Armed Forces. It also aims to negate the potential
disadvantages faced by the Armed Forces community when looking to access
local services. These disadvantages include: frequent house relocations,
separation from loved ones and support networks for long periods of time and
unfamiliarity with civilian life. 
1.4   It is recommended that the Community Services Committee:- 
(a) Note the change to the Armed Forces Covenant Statutory Duty 2022. 
(b) Note the progress of the Education Service in fulfilling the duties of the
Armed Forces Covenant and the remaining areas for action which relate
directly to Education. 
(c) Agree that this area of Local Authority duty continues to remain a key
focus for Education. 
(d) Agree that alternative funding sources be investigated, for the key posts
of Service Pupil Advisor and Additional Support for Learning Teacher, to
ensure the continued fulfilment of our statutory duties.

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ARGYLL AND BUTE COUNCIL       COMMUNITY SERVICES COMMITTEE 
EDUCATION                       24 AUGUST 2023 
ARMED FORCES COVENANT STATUTORY DUTY 2022 
2.0 INTRODUCTION 
2.1 The new Armed Forces Covenant Duty aims to increase awareness of
service life in the Armed Forces community, among organisations that
provide services in healthcare, education and housing. It also highlights
potential disadvantages that members of the Armed Forces community may
experience as they look to access key local services. 
2.2 Although UK legislation, this particular law has force in the devolved
administrations and wide consultation took place within Scotland before it was
finalised.  This new legislative duty re-emphasises the need for local
authorities and health boards to have statutory cognisance of the needs of
armed forces families, to support them accordingly, and to report on
engagement. 
2.3 Legal duty – 
2.3.1   “The Armed Forces Act 2021 will amend the Armed Forces Act 2006
by inserting sections that place a legal duty (the ‘Covenant Duty’) on
specified public persons and bodies, to have due regard to the
principles of the Armed Forces Covenant when exercising certain
statutory functions in the fields of healthcare, education, and
housing.”
2.3.2   “The Duty must be complied with when a specified body makes a
decision relating to the following matters:  Admissions, Educational
attainment and curriculum, Child Wellbeing, Transport, Attendance,
and Additional Needs Support (ASL).” “Such as when it develops,
implements and/or reviews a relevant policy, or makes decisions on
its delivery of relevant services.”
2.3.3   So far as the education of children and young people is concerned a
requirement to have “due regard” already exists in Scotland through
the provisions in the Education (Scotland) Act, 2016. Sections 3A
and 3B of that Act imposes a duty of “due regard” on Scottish
Ministers and education authorities to reduce inequalities of outcome

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for all pupils. This by default also includes those pupils from families
with an armed forces background.
2.4 From June 2024 changes to the Armed Forces Covenant Trust Service Pupil
Support Programme funding arrangements will mean funding for the Service
Pupil Adviser and the Additional Support for Learning Teacher will no longer
be available. As such we will not have the ability to fund these posts from this
Trust Fund again.   
3.0    RECOMMENDATIONS 
3.1 It is recommended that the Community Services Committee: 
(a) Note the change to the Armed Forces Covenant Statutory Duty
2022.
(b) Note the progress of the Education Service towards fulfilling the
duties of the Armed Forces Covenant and the remaining areas for
action.
(c) Agree that this area of Local Authority duty continues to remain a
key focus for Education.
(d)  Agree that alternative funding sources be investigated, for the key
posts of Pupil Advisor and Additional Support for Learning Teacher,
to ensure the continued fulfilment of our statutory duties. 
4.0       DETAIL 
4.1 The Covenant sets the following goals with respect to Education: 
4.1.1 Children of members of the Armed Forces should have the same
standard of, and access to, education (including early years’ services) as
any other citizen in the area where they live. 
4.1.2 There should be special arrangements to support access to schools if a
place is required part way through an academic year as a result of a
family having to move for Service reasons. 
4.2 Armed Forces Covenant Duty - Key Aim: That children and young people of
Armed Forces families receive the support they need to address barriers to
participation, learning and achievement; promote positive mental health and
wellbeing; benefit from the development of high-quality education which is
sustained; and achieve their full potential. 
4.3 ADES advice has been developed providing a Scotland-specific context and
perspective which identifies and aligns with the structures, processes and
policies already rooted in Scottish education that address the needs of
children and young people of armed forces families.  It includes: 
• an explanation of the duty for local authorities
• good practice examples  
• areas of concern

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• challenges, and barriers that might be faced by armed forces families
and their children
• suggestions and resource links for further information.   
4.4 The key aims supported by ADES regarding the implementation of this 
legislation include: 
4.4.1  Promote the development of a local authority Corporate Message. 
4.4.2   Ensure the ADES Armed Forces Families Lead Officer (AFFLO)/Head 
Teacher at Hermitage Academy, Douglas Morgan, is known to the
appointed, local authority Armed Forces and Veterans Champion and
other sector leads for armed forces families. 
4.4.3   All Headteachers and Early Learning Centre (ELC) managers,             
should know their local authority AFFLO/HT Hermitage Academy. 
4.4.4 All Headteachers must have their young people of armed forces        
families identified, so far as possible. 
4.4.5  Appropriate local authority staff, including mangers of funded ELC
provision, should have awareness to enable an informed ‘warm 
welcome’. 
4.4.6  Local authority central staff should have knowledge of the Lead Officer  
for Armed Forces Families role. 
4.4.7   Promote awareness of the ADES National Education Officer (Armed                      
Forces Families) and the Forces Children’s Education website. 
4.5 Argyll and Bute Council holds the Armed Forces Covenant – Silver
Recognition Award and as a result are very well placed to act on the ADES
advice.  Current practice within the Local Authority means that Argyll and Bute
have proactively met the majority of the aims as outlined in green in the table
below.  The aims outlined in amber require some further work and where this
is appropriate the actions and timescales have been highlighted. 
Aim Argyll and Bute Action Timescale 
1. Promote the development of
a local authority Corporate
Message
A corporate message and approach to
supporting Armed Forces Families has
existed in Argyll and Bute since March
2014.
There is still a need to develop a
refreshed Corporate Message within
the updated national legislation. In the
context of the update national
legislation This outcome will be added 
Completion by
September 2023

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to the agenda of the next Armed Forces
Community Partnership 
2. Ensure the ADES AFFLO/ HT
Hermitage Academy is known to
the appointed, local authority
Armed Forces and Veterans
Champion and other sector
leads for armed forces families.
No action required.  The ADES AFFLO /
HT Hermitage Academy sits on the
Armed Forces Community Partnership
with the Armed Forces and Veteran
Champion.
Complete 
3. All Headteachers and ELC
managers, should know their
local authority Lead Officer for
armed forces families, children,
and young people (AFFLO)
Armed forces families, children, and
young people Lead Officer role
incorporated into the Hermitage
Academy Head Teacher Remit in
January 2021.   
Raising the profile of this part of the
remit along with that of the Service
Family Adviser through locality HTs
meetings would be beneficial.  
D Morgan and E
Flett to attend all
Locality HTs
meetings by
October 2023. 
4. All Headteachers must have
their young people of armed
forces families identified, so far
as possible. 
Process for initial enrolment and
identifying armed forces families
updated in March 2021.
Complete 
5. Appropriate local authority
staff, including mangers of
funded ELC provision, should
have awareness to enable an
informed ‘warm Welcome’. 
The ‘warm welcome’ exists in the
HALCO locality, where the vast majority
of our armed forces families live. 
Complete 
Service Adviser has shared awareness of
the welcome booklet across all
compulsory education establishments. 
This will be extended to all ELC’s in
August 2023. 
August 2023 
6. Local authority central staff
should have knowledge of the
Lead Officer for armed forces
families’ role.
The Central Education Team remit for
Service Families was incorporated into
the Head Teacher remit for Hermitage
Academy in January 2021. 
Complete 
7. Promote awareness of the
ADES National Education Officer
(Armed Forces Families) and the
Forces Children’s Education
website.
Links to the Forces Children’s Website
exists in the Warm Welcome pack and
also from the Armed Forces Section of
the Argyll and Bute Website.
Complete

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4.6  In upholding the Armed Forces Covenant Duty in Argyll and Bute Council the
roles of the Service Pupil Advisor and Additional Support for Learning
Teacher provide a range of supports and initiatives aimed at improving
outcomes for service children and young people. 
4.6.1  The Service Pupil Advisor, is required to fulfil the statutory duty outlined
above. The Service Pupil Advisor, liaises between schools and the
Armed Forces Community. This role is to co-ordinate additional support
for Armed Forces children and young people with a particular focus on
identifying gaps in learning as a result of transitions, and providing
social and emotional support for those struggling with the deployment
of a parent/carer. The role of the Service Pupil Advisor also includes: 
   Key point of contact for service families during and outside
school hours.
   Co-ordinating and supporting delivery of Seasons for Growth.
An educational support programme which aims to promote
social and emotional wellbeing of children and young people
coping with significant loss, separation and change in their
lives.
   Supporting new armed forces families moving to Argyll and
Bute with regards to education and schools.
   Provision of information/advice and attendance at Child
Planning Meetings for armed forces children and young people 
   Facilitating and leading Professional Learning Community
meetings.
   Supporting Forces and Me Groups in various schools, RNRM
Youth Forum, Cloud 9 Youth Group, Armed Forces
Ambassadors at Hermitage Academy.
   Leading weekly drop in sessions for parents. 
   Providing monthly updates via the creation of Newsletter for all
staff in Nurseries and Schools in Argyll and Bute area which
provides information on resources available, useful websites,
funding opportunities, CPD events and organisations and
charities that support armed forces young people and families.
The newsletters are also shared with West Dunbartonshire
Council, Schools in Argyll & Bute and are shared nationally on
the Forces Children Education website.
   Networking and exchanging of ideas nationally in order to
benefit Argyll & Bute Armed Forces children and young people.
   Sustaining a strong presence on social media to provide
families with constant access to support.
   Responsibility for tracking and continually evaluating all work
undertaken to support armed forces families.
   Contributing to training for staff to raise awareness of issues
facing service families.

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4.6.2   The impact of the role of Service Pupil Advisor on improving 
outcomes for service children and families includes developing
individualised strategies of support for pupils, having a key point of
contact for service children, young people and their families who
understands service life providing a sense of being understood,
supported and listened to. Within the community the Service Pupil
Advisor has developed a range of positive working partnerships
which have resulted in successful participation for service children
and young people in projects like The Give Holiday Provision
(Inspiring young people through volunteering opportunities, the
Helensburgh and Lomond Youth Forum and Seasons for Growth.  
4.6.3    The Additional Support for Learning Teacher, works with children   
and young people from Armed Forces background in numerous
primary schools in the Helensburgh and Lomond area to support
them in a variety of ways.  For example: 
 Offering Seasons for Growth Sessions. 
 Facilitating numeracy support for small groups of identified
pupils.
 Facilitating literacy support for small groups of identified pupils.
 Providing general in-class learning support – for small groups of
pupils with additional learning needs.
 Leading and facilitating STEM activities. 
 Organising and offering after school homework clubs in various
locations.  
 Leading small nurture and social skills groups. 
 Providing one to one support for young people with additional     
support needs in accessing the local community. 
4.6.4    The impact of this role of Additional Support for Learning Teacher on 
improving outcomes for service children and young people is the
provision of targeting support in learning, schools have reported
seeing an increase in both numeracy and literacy levels as a result
of targeted interventions led by the additional support for learning
teacher. Schools have also reported on the impact of the
development of social skills supporting transitions, emotional support
and promotion of positive mental health with an underpinning focus
on supporting service children and young people to benefit from the
development of high-quality education which is sustained; and
achieve their full potential. 
4.7    Argyll and Bute houses HMNB Clyde which will be the Royal Navy’s
Submarine Flotilla base and new Training Centre. It is expected that numbers
of naval personnel could rise by approximately 1,500 between 2023 and 2030.
There are currently approximately 650 armed forces children and young

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people in schools across Helensburgh and Lomond and a total of 775 across
Argyll and Bute.  This figure is based on families who have declared to their
school that they are Armed Forces and does not include pre 5 figures. The
term ‘Armed Forces’ refers to serving, veteran and reserve members of the
Armed Forces. 
4.8  The terms of the Armed Forces Covenant Trust Service Pupil Support 
Programme state that funding can be used for temporary staff such as
teachers or Armed Forces Service Pupil Advisors. However, funding cannot
be used for multiple year programmes and should be regarded as a one off
contribution. Furthermore, it is proposed that the current funding will no longer
be available from June 2024. Therefore it is fundamental to the duty of Argyll
and Bute Council in fulfilling the statutory duties outlined in the Armed Forces
Covenant that the cost pressure resulting from these funding changes in
relation to the Service Pupil Advisor will be required to be sustained through
being absorbed into education and the role of the Additional Support for
Learning Teacher role will need to be discontinued with the responsibilities of
this role being absorbed into mainstream Education ASN provision or by
securing other funding for the MOD posts currently in place from other
sources.   
5.0     CONCLUSIONS 
5.1  The work led by the AFFLO/HT Hermitage Academy, the Armed Forces
Service Adviser, Additional Support for Learning Teacher and wider teams /
partnerships with MOD, has resulted in the successful achievement of the
Silver Recognition Award for Argyll and Bute. It is recognised that their
ongoing work provides best value and continuous improvement. 
5.2  Argyll and Bute council will continue to support AFFLO / HT Hermitage 
Academy and the associated team in their work to ensure our Armed Forces
children and young people receive the support they need to address barriers
to participation, learning and achievement and positive mental health and
wellbeing, and to ensure they benefit from high-quality education to achieve
their full potential. 
5.3  As a result of changes to the Armed Forces Covenant Trust Service Pupil
Support Programme funding arrangements, alternative funding sources be
investigated to allow fulfilment of our statutory duties.

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6.0 IMPLICATIONS 
6.1 Policy  This report links directly to Our Children Their Future in
ensuring that Argyll and Bute is the best place in
Scotland for our children to grow up. It also articulates
outcomes 4 and 6 of the Argyll and Bute Outcome
Improvement Plan: Children and young people have the
best possible start; People live in safer and stronger
communities.
6.2 Financial  Educational services for children and young people from
MOD families are currently funded via Armed Forces
Covenant Trust Service Pupil Support Programme.
Changes to such funding arrangements will have
implications for the Council in terms of securing
alternative funding sources. 
6.3 Legal  Armed Forces Covenant Legislation November 2022  
alongside the statutory duties of the Children and   
Young People (Scotland) Act 2014 and all previous  
relevant acts will be met.
6.4 HR None
6.5 Fairer Scotland 
Duty
Providing equity and inclusion to meet the needs of all
young people including Armed Forces children and
young people.
6.5.1 Equalities  All legislative requirements will be met.
6.5.2 Socio-economic
Duty
Reducing inequalities of outcome caused by the
potential disadvantages faced by the Armed Forces
community when looking to access local services.
6.5.3 Islands No differentiated impact.
6.6 Climate Change None
6.7 Risk Failure to support children and young people from  
MOD families will impact on their life chances and risk
reputational damage to the Local Authority as a
recognised and necessary destination for MOD families.
6.7 Customer Service Continued support will be provided by the Lead   
Officer for Armed Forces Children and the associated
team. 
Douglas Hendry - Executive Director with responsibility for Education
Councillor Yvonne McNeilly - Policy Lead for Education 
Wendy Brownlie - Head of Education – Performance and Improvement
Jennifer Crocket - Chief Education Officer/ Head of Education – Wellbeing,
Inclusion and Achievement   
Date: July 2023