Veteran survivors of former ‘gay ban’ in British armed forces threaten legal action against UK government

Veterans who suffered under the British armed forces’ former “gay ban” have threatened to take the government to court, accusing the Ministry of Defence (MoD) of failing to deliver justice through its financial recognition scheme. The ban, which remained in place until 2000, saw LGBTQ+ service personnel interrogated, abused, dismissed, and in some cases criminalised solely on the basis of their sexual orientation or perceived sexuality. 

On 18 February 2026, lawyers acting for two veterans - Steve Stewart and Mark Shephard - issued a formal letter before action, the first step towards launching a High Court challenge. Both men were rejected from the government’s Financial Recognition Scheme (FRS), introduced to address decades of discriminatory treatment and the devastating impact of the ban. They form part of a wider group of around 40 veterans whose applications have been refused. 

The veterans are supported by LGBTQ+ armed forces charity Fighting With Pride and represented by Irwin Mitchell solicitors. The FRS opened in December 2024 as part of a broader redress effort following the independent review by Lord Etherton. It offers payments of £50,000 to those dismissed or discharged because of the ban, with the potential for additional compensation of up to £20,000 for those who faced further harms such as criminal charges or abusive interrogation.

However, campaigners say the scheme’s criteria are unfairly excluding many who were forced out but not formally dismissed - particularly non‑commissioned personnel. While commissioned officers pressured into leaving may qualify for compensation, their lower‑ranking counterparts do not, despite experiencing similar coercion. Lawyers argue the scheme therefore “does not operate fairly between individuals who were differently ranked during service” and risks denying reparations to thousands. 

The veterans’ legal threat comes despite recent government commitments to address the historical injustices inflicted on LGBTQ+ service members. In October 2025, His Majesty the King dedicated a permanent memorial to LGBTQ+ personnel at the National Memorial Arboretum, and in 2023 then‑Prime Minister Rishi Sunak issued a public apology describing the ban as an “appalling failure of the British State.” 

Ed Hall, Chair of Fighting With Pride, said it was “deeply disappointing” that a scheme intended to right past wrongs was now creating further barriers for some of the very people it was meant to support. “Many of our veterans were punished simply for being who they are,” he said. “This scheme is an opportunity for the government to put itself on the right side of history.” 

The MoD has previously stated that it “deeply regrets” the treatment of those affected by the ban. However, with the threat of judicial review now looming, pressure is mounting on ministers to revise the scheme so that all survivors - regardless of rank - receive equal access to long‑overdue recognition and compensation.