4.2.1 Where the Delegate is not satisfied with the Defcare recommendation

The Defcare Liability Module result is only a guide, (albeit a very powerful and complete guide) and you are not legally obliged to accept the Defcare result. It is possible to reject the Liability Module result and determine another if you are not satisfied with the Liability Module result. However, as the Liability Module rule base takes all RCG policy into account, this should be an exceedingly rare event!

If and when you are ever faced with such an occurrence (i.e. Defcare gives a result which appears anomalous and not consistent with your understanding of the case), firstly go back and check your entries! If there continues to be a discrepancy, you should first discuss the case – i.e. before committing a determination – with the Military Compensation Policy Section to check:

a)whether you have made an error of policy, or

b)whether the rule base of the Defcare Liability Module needs adjustment

If you sti — ll need to proceed with a decision which is at variance with the Liability Module recommendation:

You must write a detailed justification of your preferred outcome, demonstrating that your actual determination is:

a)legal

b)more consistent with the evid — ence and demonstrated circumstances of the case than that of the Liability Module.

This justification should be recorded BOTH on Defcare as an electronic Note and also printed to the document file.