WIN: Our case to get LGBTQ+ veterans justice will proceed to the High Court

On 28 October, the court granted us permission to bring a judicial review against the Ministry of Defence (MoD) over its unfair compensation scheme for veterans forced out of the armed forces because of their sexuality.

Good Law Project is funding the case, which will argue that the MoD’s current scheme unjustly excludes veterans who resigned when faced with an ultimatum, such as Mark Shephard and Steven Stewart, who are represented by Irwin Mitchell.

Steven was arrested for “alleged homosexuality” and asked to choose between resigning or prison and dishonorable discharge.

“It wasn’t a free choice,” he says. “No-one faced with that situation would choose to go to prison and have their future destroyed.”

The ban on being gay in the military was lifted in 2000, but it took until 2024 for the MoD to launch the LGBT Financial Recognition Scheme. The programme offers up to £70,000 in reparations to thousands of people who faced harassment, abuse, interrogation, and the threat of a criminal record.

But the ministry is refusing to fairly compensate those who were forced out under an ultimatum no-one should ever face.

“It’s been traumatic going back over the memories of what happened,” Mark said, “but I don’t think I’ll ever forget how I was treated.”

There will now be a full hearing on the case in the next few months, bringing Mark and Steven one step closer to justice.

A choice made under the threat of a sentence isn’t a free choice. It’s time these veterans got the justice they deserve.

For transparency, we are publishing legal documents on this case below:

• Claimants skeleton argument
• Interested party’s skeleton argument
• Defendant’s skeleton argument