the_grand_dad
3rd Mar 2005, 17:52
http://www.channel4.com/news/2005/03/week_1/03_army.html
Uniform Justice
Army
Published: 03-Mar-2005
By: Julian Rush and Girish Juneja
After fightong to be with his disabled child, a soldier is taking legal action over the way the Army investigates itself.
He had to fight to be at to his son's birth. When his son fell critically ill - again he fought to get home.
Tonight lawyers have begun an unprecedented legal action on behalf of a soldier who claims the Army bullied and harassed him - and tried to force him to leave.
The case could see the Army completely overhauling its internal complaints procedure.
The Forces are already reeling from allegations that a culture of bullying led to suicides at Deepcut training base. And - more recently - the courtmartial of soldiers accused of abusing detainees in Iraq. Now this could be a further blow to its reputation.
As Julian Rush now reports - the Army is once again under the spotlight over the way it investigates itself.
"If they don't want to see something they don’t see it. They will just railroad over something and think they can get away. Well they aren't getting away with it. Not this time." – Debbie Biddiss
Chandler Biddiss is now five. Soon after he was born he contracted meningitis and he's now severely disabled. His father, Paul, is a corporal in the Parachute Regiment. As a serving soldier he can't take part in this report.
His fight to be with his family for Chandler's birth and to get back to them when the boy fell ill is at the centre of his unprecedented legal action against the Army.
He alleges bullying and harrassment by an officer led to his wife Debbie having a mental breakdown. He alleges documents were altered to cover-up the Army's mistakes, and he claims too the Army failed to investigate his complaints properly, its internal grievance procedures dragging on for a total of four years. All claims the Army says have been thoroughly investigated and found wanting.
"We sat next to Chanlder's bed when we thought he was gonna die. All we saw was a little white coffin - that's all we saw. Where we sat next to his bed we vowed we would fight and take this all the way there. And that is what we are going to do." – Debbie Biddiss
In October 1999, Paul Biddiss was just back from Kosovo. His request his next deployment to Northern Ireland be delayed so he could look after his family while Debbie gave birth to Chandler, was agreed.
Then out of the blue, an officer - a Major Nott - told him he was to be "manning controlled" - made redundant and offered a short term contract instead.
The procedure allows the Army to sack soldiers it thinks aren't good enough to serve a full 22 years. Paul Biddiss refused to sign the papers. He thought he was a good soldier - he'd just been chosen for SAS selection.
Over the following months, he alleges, the Army repeatedly pressured him to sign.
"These efforts became increasingly intimidatory as time went by. Durting this time Mr Biddiss was having severe diff in his family life caused by the critical illnes off his son chandler, of which the army were aware." - Jocelyn Cockburn, Paul Biddiss' solicitor
The Army denies intimidation, but Paul Biddiss alleges he was then ordered to go to Northern Ireland after all because he hadn't signed. Just one day before deployment the order was cancelled. The Army says the cancellation showed proper care for his situation was demonstrated.
He was able to be at Chandler's premature birth the next day, and finally went to Northern Ireland in January 2000.
Within days, though, Chandler fell critically ill. Paul Biddiss alleges that for four days Major Nott refused to let him return to England unless he signed. The MOD says Major Nott wasn't fully aware of the situation at the time.
"They just wouldn’t allow him to come back. I was so scared, I spoke to him on the phone and I was really worried about him, he was just climbing the walls.” – Debbie Biddiss.
Shortly after, Paul Biddiss' commanding officer gave him 10 months compassionate leave and in a 2 hour interview with his CO, he complained about Major Nott's behaviour and the manning control decision.
After this interview, he alleges the CO, Colonel Kennett - now a Brigadier - produced a document that was dated to give the impression there'd been an earlier interview - as there should have been under the rules of manning control.
Channel 4 News has obtained a copy of the certificate Colonel Kennett signed. The signature is dated the 1st November 1999. But the document itself was only printed in February of the following year.
Because of the court case, Brigadier Kennett declined to be interviewed, but through the MOD he said:
"I cannot recall all of the details of Cpl. Biddiss' case because it was nearly 5 years ago. However I do remember Cpl. Biddiss faced very difficult family circumstances at the time, for which he has always had my utmost sympathy. The case has recently been reviewed again by a senior officer who was satisfied that there had been no wrong-doing on my part."
The manning control decision was eventually overturned and Paul Biddiss promoted to Corporal.
His first official complaint was rejected so he appealed to the Army Board, the last resort for soldiers.
Four years after his first complaint, the Army Board eventually concluded his allegations had no foundation and it completely exonerated Major Nott, though it did admit there had been administrative errors.
"Mr Biddiss is understandably outraged and he feels the decision is a whitewash although he was expecting it after the years of trial and tribulation. He’s lost all confidence in the Army’s ability to investigate itself.” - Jocelyn Cockburn, Paul Biddiss' solicitor
Paul Biddiss application to the High Court claims the Army Board, despite taking four years, failed to investigate his case properly. A former soldier who'd been involved in the administration of his case says his criticisms of senior officers were ignored.
"There are officers I know who have put forward evidence on behalf of Biddiss, they haven’t been spoken to at all. That clearly says to me that somebody is not investigating it properly." - Michael Vaughan, Company Clerk, 1995-2000
"We need a wholesale review of how we actually deal with complaints in the armed forces. Wherever possible there should be an independent external ability to judge that. ” Paul Keetch MP, Lib Dem Defence spokesman
An army spokesman that we spoke to has said that the army is satisfied that Cpl Biddiss’ allegations have been thoroughly investigated on a number of occasions. The latest review by a senior officer he said had now found any wrongdoing on the part of Brigadier Kennet or anyone else. The MOD says it has responded to the application for Judicial review and it will be resisted. Any further comment they say on the army’s internal procedures would be inappropriate as the matters are now before the court.
But coming on top of the criticism of the Army's investigations into bullying of recruits at Deepcut and the flaws that emerged in the evidence heard at the recent courts martial in Germany, the pressure is growing on the Army to be much more open.
MORE STORIES FROM OUR SEARCH
Dishonourable discharge 09-Aug-2004 31% relevant
Uniform Justice
Army
Published: 03-Mar-2005
By: Julian Rush and Girish Juneja
After fightong to be with his disabled child, a soldier is taking legal action over the way the Army investigates itself.
He had to fight to be at to his son's birth. When his son fell critically ill - again he fought to get home.
Tonight lawyers have begun an unprecedented legal action on behalf of a soldier who claims the Army bullied and harassed him - and tried to force him to leave.
The case could see the Army completely overhauling its internal complaints procedure.
The Forces are already reeling from allegations that a culture of bullying led to suicides at Deepcut training base. And - more recently - the courtmartial of soldiers accused of abusing detainees in Iraq. Now this could be a further blow to its reputation.
As Julian Rush now reports - the Army is once again under the spotlight over the way it investigates itself.
"If they don't want to see something they don’t see it. They will just railroad over something and think they can get away. Well they aren't getting away with it. Not this time." – Debbie Biddiss
Chandler Biddiss is now five. Soon after he was born he contracted meningitis and he's now severely disabled. His father, Paul, is a corporal in the Parachute Regiment. As a serving soldier he can't take part in this report.
His fight to be with his family for Chandler's birth and to get back to them when the boy fell ill is at the centre of his unprecedented legal action against the Army.
He alleges bullying and harrassment by an officer led to his wife Debbie having a mental breakdown. He alleges documents were altered to cover-up the Army's mistakes, and he claims too the Army failed to investigate his complaints properly, its internal grievance procedures dragging on for a total of four years. All claims the Army says have been thoroughly investigated and found wanting.
"We sat next to Chanlder's bed when we thought he was gonna die. All we saw was a little white coffin - that's all we saw. Where we sat next to his bed we vowed we would fight and take this all the way there. And that is what we are going to do." – Debbie Biddiss
In October 1999, Paul Biddiss was just back from Kosovo. His request his next deployment to Northern Ireland be delayed so he could look after his family while Debbie gave birth to Chandler, was agreed.
Then out of the blue, an officer - a Major Nott - told him he was to be "manning controlled" - made redundant and offered a short term contract instead.
The procedure allows the Army to sack soldiers it thinks aren't good enough to serve a full 22 years. Paul Biddiss refused to sign the papers. He thought he was a good soldier - he'd just been chosen for SAS selection.
Over the following months, he alleges, the Army repeatedly pressured him to sign.
"These efforts became increasingly intimidatory as time went by. Durting this time Mr Biddiss was having severe diff in his family life caused by the critical illnes off his son chandler, of which the army were aware." - Jocelyn Cockburn, Paul Biddiss' solicitor
The Army denies intimidation, but Paul Biddiss alleges he was then ordered to go to Northern Ireland after all because he hadn't signed. Just one day before deployment the order was cancelled. The Army says the cancellation showed proper care for his situation was demonstrated.
He was able to be at Chandler's premature birth the next day, and finally went to Northern Ireland in January 2000.
Within days, though, Chandler fell critically ill. Paul Biddiss alleges that for four days Major Nott refused to let him return to England unless he signed. The MOD says Major Nott wasn't fully aware of the situation at the time.
"They just wouldn’t allow him to come back. I was so scared, I spoke to him on the phone and I was really worried about him, he was just climbing the walls.” – Debbie Biddiss.
Shortly after, Paul Biddiss' commanding officer gave him 10 months compassionate leave and in a 2 hour interview with his CO, he complained about Major Nott's behaviour and the manning control decision.
After this interview, he alleges the CO, Colonel Kennett - now a Brigadier - produced a document that was dated to give the impression there'd been an earlier interview - as there should have been under the rules of manning control.
Channel 4 News has obtained a copy of the certificate Colonel Kennett signed. The signature is dated the 1st November 1999. But the document itself was only printed in February of the following year.
Because of the court case, Brigadier Kennett declined to be interviewed, but through the MOD he said:
"I cannot recall all of the details of Cpl. Biddiss' case because it was nearly 5 years ago. However I do remember Cpl. Biddiss faced very difficult family circumstances at the time, for which he has always had my utmost sympathy. The case has recently been reviewed again by a senior officer who was satisfied that there had been no wrong-doing on my part."
The manning control decision was eventually overturned and Paul Biddiss promoted to Corporal.
His first official complaint was rejected so he appealed to the Army Board, the last resort for soldiers.
Four years after his first complaint, the Army Board eventually concluded his allegations had no foundation and it completely exonerated Major Nott, though it did admit there had been administrative errors.
"Mr Biddiss is understandably outraged and he feels the decision is a whitewash although he was expecting it after the years of trial and tribulation. He’s lost all confidence in the Army’s ability to investigate itself.” - Jocelyn Cockburn, Paul Biddiss' solicitor
Paul Biddiss application to the High Court claims the Army Board, despite taking four years, failed to investigate his case properly. A former soldier who'd been involved in the administration of his case says his criticisms of senior officers were ignored.
"There are officers I know who have put forward evidence on behalf of Biddiss, they haven’t been spoken to at all. That clearly says to me that somebody is not investigating it properly." - Michael Vaughan, Company Clerk, 1995-2000
"We need a wholesale review of how we actually deal with complaints in the armed forces. Wherever possible there should be an independent external ability to judge that. ” Paul Keetch MP, Lib Dem Defence spokesman
An army spokesman that we spoke to has said that the army is satisfied that Cpl Biddiss’ allegations have been thoroughly investigated on a number of occasions. The latest review by a senior officer he said had now found any wrongdoing on the part of Brigadier Kennet or anyone else. The MOD says it has responded to the application for Judicial review and it will be resisted. Any further comment they say on the army’s internal procedures would be inappropriate as the matters are now before the court.
But coming on top of the criticism of the Army's investigations into bullying of recruits at Deepcut and the flaws that emerged in the evidence heard at the recent courts martial in Germany, the pressure is growing on the Army to be much more open.
MORE STORIES FROM OUR SEARCH
Dishonourable discharge 09-Aug-2004 31% relevant