LGBTQ+ veterans threaten legal action against MOD over ‘gay ban’ reparations refusals

LGBTQ+ veterans who were dismissed from the British Armed Forces under the military’s former “gay ban” have threatened legal action against the Ministry of Defence after dozens were reportedly refused financial reparations.

A group of ex-Army, Royal Navy and RAF personnel could take the government to the High Court following rejections from a Financial Recognition Scheme (FRS) designed to compensate those impacted by the policy, which remained in place until 2000. According to LGBTQ+ armed forces charity Fighting with Pride, around 40 veterans have been denied payments despite claiming they were forced out because of their sexuality.

The threatened challenge is being brought by two former service members, Steve Stewart and Mark Shephard, with legal representation from Irwin Mitchell. Stewart, from the South West, served seven years in the British Army as a corporal in the Royal Military Police before leaving after an arrest under the ban in 1995. Shephard served in the RAF between 1995 and 2001 as an aircraft fitter and says he was pushed into “voluntary redundancy” following an interrogation into his sexuality.

“Hundreds of people affected by the ban have had a positive experience of the scheme, but sadly not everyone” – Ed Hall, Fighting with Pride chairman

Ed Hall, chairman of Fighting with Pride, said it was “deeply disappointing to get so far along the road to righting the wrongs of history, only for a minority of brave men and women who’ve served our country to face this rejection from a scheme intended to right the wrongs they faced.”

“Many of our veterans were punished simply for being who they are, and for loving the people they did,” Hall continued. “This scheme is an opportunity for the government to put itself on the right side of history, and we urge the government to listen and address the manifest injustice these former service people are facing.”

Hall added that campaigners believe the two veterans fronting the case fall squarely within the remit of the reparations programme. “It’s absolutely clear to us that Steve and Mark were forced out of the forces because of the illegal gay ban. They are exactly the kind of people who faced the circumstances this scheme was designed to cover,” he said.

While acknowledging that many veterans have had positive outcomes through the scheme, Hall said problems remain. “Hundreds of people affected by the ban have had a positive experience of the scheme, but sadly not everyone. It is sad that some cases of self-evident unfairness in the financial reparations process have emerged,” he said. “The LGBTQ+ Armed Forces Charity, Fighting with Pride will continue to support all veterans impacted by the ban. We earnestly hope that the government will take the opportunity to look at the scheme and work with us to do the right thing for these cases facing injustice before it’s too late.”

“We are committed to righting these wrongs through tangible action” – Ministry of Defence in a statement to Attitude

The financial scheme opened in December 2024 following years of campaigning by veterans and charities, aiming to acknowledge the careers, pensions and wellbeing many say were lost due to discriminatory policies. In July 2023, then-prime minister Rishi Sunak issued a formal apology for what he described as “an appalling failure of the British State”, and last October His Majesty the King unveiled a memorial at the National Memorial Arboretum honouring LGBTQ+ service personnel past and present.

The letter before action issued by lawyers marks the first formal step towards a potential judicial review, with campaigners urging the Ministry of Defence to reconsider disputed claims before legal proceedings begin.

A MOD spokesperson told Attitude in a statement: “The Government deeply regrets the historic mistreatment of LGBT personnel in the Armed Forces between 1967 – 2000, recognising it as wholly unacceptable and not reflective of today’s values or the inclusive culture of our Armed Forces. 

“We are committed to righting these wrongs through tangible actions, including through the LGBT Financial and non-Financial Restorative Measures for those affected. 

“We commend the courage of those who have shared their experiences, and we remain dedicated to ensuring all personnel feel valued, respected, and able to thrive in our Armed Forces.”