Written question asked by Fabian Hamilton (Labour) on Monday, 31 January 2011, in the House of Commons. It was due for an answer on Wednesday, 2 February 2011. It was answered by Lord Robathan (Conservative) on Monday, 7 February 2011 on behalf of the Ministry of Defence.

Armed Forces: Young People

Question: To ask the Secretary of State for Defence what legal advice he has received on the retention of an armed forces recruit aged under 18 if his or her parent withdraws consent after attestation.

Answer: In developing the provisions as to a person's enlistment and terms of service, the policy teams worked closely with the Ministry of Defence's in-house legal team and received ongoing advice.Provision was made in the Armed Forces (Enlistment) Regulations 2009 for the situation when an appropriate person, such as a parent, did not give or withdrew consent to the enlistment of a person under the age of 18. Such a parent may apply within three months of the enlistment to the Defence Council for a determination that the enlistment is invalid, even if the enlisted person has since attained the age of 18. However, if all necessary consents were obtained prior to the enlistment of a person under the age of 18, and that consent is subsequently withdrawn after the valid enlistment of the person, the enlistment will remain valid.However, it still remains the case that before any recruit has attained the age of 18 years and three months, they would not be stopped from leaving the service if they were to make their unhappiness known.

Secondary information