Guidance

Direct Appointments to the Appeal Board

Updated 15 May 2025

13 May 2025

The Minister for Veterans and People is pleased to announce the appointment of the LGBT Financial Recognition Scheme Appeal Board.

The Chair of the Board will be Douglas Bosphore-Ward MBE.

The Appeal Board Members are:

• Judith Henry
• Rachel Ruxton
• Professor Tracy Myhill

Their appointments will commence on 15 May 2025 and will run until 14 May 2027. The Appeal Board have been appointed as Direct Ministerial Appointments. The Chair’s Terms of Reference have been published at Annex A. The Board Members’ Terms of Reference have been published at Annex B.

The Appeal Board will sit as the Chair plus two members, except in exceptional circumstances.

The LGBT Financial Recognition Scheme Appeal Board will be responsible for reviewing and making fair and equitable determinations on applications for an Appeal following a decision on a LGBT Dismissed or Discharged Payment or a LGBT Impact Payment application. The Appeal Board will make a judgment to either agree with the original outcome/determination or issue a new Appeal Board judgment. 

More details on the scheme can be found at Veterans of the LGBT Ban: Financial Recognition Scheme.

Annex A: Summary of Terms of Reference - Chair of the LGBT Financial Recognition Scheme Appeal Board

Role

The LGBT Financial Recognition Scheme Appeal Board (LGBT FRS AB) is empowered to deny or uphold appeals made against LGBT Financial Recognition Scheme payment decisions and make financial recognition judgments for appeal requests presented to it by its Secretariat. The role is non-statutory. AB judgments will be shared only with appropriate MOD officials and the applicant, or their representative and they will be classified as “Official-Sensitive-Personal”. The role will include access to MOD Documents via authorised IT equipment, and the appointee having the necessary security clearance. 

Responsibility 

The AB Chair is responsible for leading the LGBT FRS AB. The Chair is responsible for communicating all appeal judgments agreed by the LGBT FRS AB.  

The AB Chair will review all Appeal Requests to determine if the application meets the criteria for appeal, as set out below. 

 An appeal can only be raised under one or more of the following criteria:  

a. There was a material procedural error in the processing of the application. 

b. The decision and/or determination was based on a material error as to the facts. 

c. There is new evidence, and it is likely that the decision and/or determination would have been materially different if the evidence had been made available to the person making the decision and/or the IP determining the application. 

 The role of the AB Chair will include reviewing a casefile for each appeal request (containing details submitted within the appeal request, supporting documents, the original application, Service records, previous determination etc), attending a sitting alongside other board members and agreeing an Appeal Board judgment to either: uphold the current LGBT DD Payment decision and/or LGBT Impact Payment determination outcome; or decide a new Appeals Board judgment.   

The Chair (via the AB Secretariat) is responsible for ensuring that there are sufficiently planned AB sittings to cater for the thorough review of appeal requests and the avoidance of undue delay. 

The Chair is responsible for ensuring that each appeal request case is reviewed equitably and fairly, and a judgment is agreed on. The Chair will guide and advise the AB on the administrative process to ensure that the AB operates as it should with compassion, understanding, equity and fairness for every appeal request case which is brought before the AB. 

After an appeal judgment is made on each appeal request case, there are to be a set of accompanying notes which explain how the AB came to the decision (notes will be taken as part of the secretariat duties of the AB Secretariat). The AB Secretariat is accountable to the AB Chair. Notes from an AB sitting will form part of the AB decision record and will form the basis for the Appeal Judgment letter used to notify the applicant. The AB Chair will sign the Appeal Judgment letters.  

All appeal requests, applications and discussions with respect of all business connected with the AB are to be considered and treated as confidential at all times and are only to be discussed with those parties who have a direct involvement in the delivery of the LGBT FR Scheme. 

Expertise 

The AB Chair should have experience as a solicitor or barrister (7 years post qualification experience) and should have litigation and casework experience. 

The AB Chair is to have credentials or associations which show that they are aware of the LGBTQ community and/or have experience which includes an understanding of the rights of LGBTQ individuals or have knowledge or experience of the dynamics of the LGBTQ community, and/or have experience, or have a demonstrable track record in other forms of diversity/equality issues or work. 

AB Chair Responsibilities 

• To follow the Seven Principles of Public Life and to adhere to the Code of Conduct for Board Members of Public Bodies. The Chair is also to ensure that the AB members abide and follow the same.
• To have a detailed knowledge of the LGBT Financial Redress Scheme rules and the LGBT FR Scheme guidance to decision makers.
• To raise any concerns or issues with the scheme rules or guidance to decision makers to the LGBT RA SRO.
• To be very familiar with the LGBT Independent Review by Lord Etherton.
• To Chair AB meetings as scheduled; be that in person meetings or virtual meetings. Seek advice from the LGBT RA SRO for any issues with attendance and seek their guidance if unable to attend.
• To maintain an effective working relationship with the AB Secretariat who will provide administrative support to the AB.
• To ensure members of the AB review and assess appeal requests as presented to the AB by the Secretariat for pre-arranged AB meetings.
• To be prepared and have read the appeal request case file prior to chairing AB meetings in order to participate fully within the AB meetings.
• To make fair and equitable judgements in line with the guidance for decision makers and the scheme rules.
• To ensure that the AB is led effectively and fairly, and that there are measured and professional discussions amongst AB members in order to reach an agreement on the appeal judgment for the applicant. Where an agreement is not reached by all AB members, the AB Chair will have the final decision.
• To complete a Declaration of Interest prior to taking up the appointment and to update the Declaration of Interest as necessary as interests change and annually.
• To declare any potential conflict of interests in relation to the applications under consideration to the LGBT RA SRO for their guidance and direction.
• To ensure and reinforce that they themselves nor any member of the AB, discusses any appeal request or application, with any party, other than those directly involved with the delivery of the recommendation unless advised by the LGBT RA SRO that a discussion can take place.

Annex B: Summary of Terms of Reference – Appeal Board Member of the LGBT Financial Recognition Scheme Appeal Board

Role

The LGBT FRS AB is empowered to deny or uphold appeals made against LGBT Financial Recognition Scheme payment decisions and make financial recognition judgments for appeal requests presented to it by its Secretariat. The role is non-statutory. AB judgements will be shared only with appropriate MOD officials and the applicant, or their representative and they will be classified as “Official-Sensitive-Personal”. The role will include access to MOD Documents via authorised IT equipment, and the appointee having the necessary security clearance.

Responsibility 

The AB member is an equal member of the AB which is led by the AB Chair. The AB member should be guided by and adhere to the AB Chair who has a responsibility for communicating all appeal judgments agreed by the LGBT FRS AB.  

The role of the AB Member will include reviewing a casefile for each appeal request (containing details submitted within the appeal request, supporting documents, the original application, Service records, previous determination etc), attending a sitting alongside other board members and agreeing an Appeal Board judgment to either: uphold the current LGBT DD Payment decision and/or LGBT Impact Payment determination outcome; or decide a new Appeals Board judgment. 

The AB member has a responsibility to ensure their attendance at planned AB sessions to enable a quorum so that the AB can cater for the thorough review of application cases and the avoidance of undue delay.    

The AB Member is to be familiar with the administrative process for the AB and has an individual responsibility to ensure that each case which they review is reviewed equitably and fairly, and that they contribute to any decision-making process. The AB member may from time to time, and as and when appropriate, be guided by the AB Chair on the administrative process to ensure that the AB operates as it should with compassion, understanding, equity and fairness for every case which is brought before the AB. 

After an appeal judgment is made on each appeal request case, there are to be a set of accompanying notes which explain how the AB came to the decision (notes will be taken as part of the secretarial duties of the AB Secretariat). The AB Secretariat is accountable to the AB Chair. Notes from an AB sitting will form part of the AB decision record and will form the basis for the Appeal Judgment letter used to notify the applicant. The AB Chair will sign the Appeal Judgment letters.   

All appeal requests, applications and discussions with respect of all business connected with the AB are to be considered and treated as confidential at all times and are only to be discussed with those parties who have a direct involvement in the delivery of the LGBT FR Scheme.  

Expertise 

The AB member should have some experience in code of conduct casework, or employment law processes. 

The AB Member is to have credentials or associations which show that they are aware of the LGBTQ community and/or have experience which includes an understanding of the rights of LGBTQ individuals or have knowledge or experience of the dynamics of the LGBTQ community, and/or have experience, or have a demonstrable track record in other forms of diversity/equality issues or work. 

AB Member Responsibilities 

• To follow the Seven Principles of Public Life and to adhere to the Code of Conduct for Board Members of Public Bodies.
• To have a detailed knowledge of the LGBT Financial Redress Scheme rules and the LGBT FR Scheme guidance to decision makers. 
• To raise any concerns or issues with the scheme rules or guidance to decision makers to the AB Chair or LGBT RA SRO. 
• To be very familiar with the LGBT Independent Review by Lord Etherton. 
• To attend AB meetings as scheduled; be that in person meetings or virtual meetings. Seek advice from the AB Chair for any issues with attendance and seek their guidance if unable to attend.  
• To maintain an effective working relationship with the AB Secretariat who will provide administrative support to the AB. 
• To review and assess appeal requests as presented to the AB by the Secretariat for pre-arranged AB meetings. 
• To be prepared and have read the appeal request case file prior to attending AB meetings in order to participate fully within the AB meetings. 
• To make fair and equitable judgements in line with the guidance for decision makers and the scheme rules. 
• To ensure participation results in measured and professional discussions amongst AB members in order to reach an agreement on the appeal judgment for the applicant. Where an agreement is not reached by all AB members, the AB Chair will have the final decision. 
• To complete a Declaration of Interest prior to taking up the appointment and to update the Declaration of Interest as necessary as interests change and annually. 
• To declare any potential conflicts of interests in relation to the applications under consideration to the AB Chair, for their guidance and direction. 
• To ensure that they do not discuss any appeal request or application, with any party, other than those directly involved with the delivery of the recommendation unless advised by the LGBT RA SRO that a discussion can take place.