PolicE FEdErationof England and WalEs

FtEdErasiwn HEddluLIoEgr a Chymru

Established by Act of Parliament

FEdEration HOUSE, HighbUrg DrivE, LEathErhEad, SurrEy KT22 7UYTElephonE 01372 352000 Fax 0 137 352044

www.polfed.org

FROM THE DEPUTY GENERAL SECRETARY'S OFFICE

SS/sg

15 April 2011

JBB CIRCULAR NO: 015/2011

To: The Chairman and SecretaryAll Branch Boards

Dear Colleagues

APPLICATIONS FOR LEGAL ASSISTANCE UNDER THE VOLUNTARY FUNDS

As many of you will be aware JBB Circular 9/2009 covered this area, however as there have beenchanges within Joint Branch Boards (JBB5) due to the triennial elections it was felt appropriate toupdate the circular to inform new officials and refresh existing members of the procedures to beadopted in the application for legal assistance from the voluntary funds. These procedures arecontained within the Branch Board Secretaries Handbook, which was updated in January 2011.

In order for your applications for legal assistance to be efficiently processed and assessed againstthe funding criteria, we have detailed below a brief outline of what necessary information anddocumentation is required by your Branch Board at the time of submission. This is not anexhaustive list but covers most of the applications we receive.

For your information, the most current Cl, C2, Noise Induced Hearing Loss and TinnitusQuestionnaire. Medical/Pension advice (MP1), Health and Safety information sheet and ResolutionInformation Sheet (RIS) forms can all be accessed electronically, downloaded or completed 'on-line' from the Intranet or the PFEW website by the member or his/her representative. Alldownloaded forms are acceptable with your applications. With regard to the 'C2' form, thedownloaded form is the QJjy acceptable form to be submitted. Existing 'hard' copystocks of the 'C2' and 'C3' should be destroyed and any received after 3 May 2011 willbe returned for completion on the downloaded version.

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Subject to the absolute discretion of the PFEW on a continuing basis to fund or not fund mattersthese forms are regarded as a contract between the PFEW and the member as long as the formcontains the member's original signature and that of the Joint Branch Board Secretary orauthorised branch board officer. No form will be accepted with a member's signature perprocuratfonem (pp) unless exceptional circumstances exist.

Please note that the last page of the C2 contains an 'Equality Monitoring Information Form' forcompletion by the member and branch boards are reminded of the confidential nature of thispersonal information.

APPLICATIONS FOR LEGAL ASSISTANCE SHOULD BE SOUGHT FROM THE DEPUTYGENERAL SECRETARY OF THE JOINT CENTRAL COMMITTEE WITH THEDOCUMENTATION AND INFORMATION OUTLINED, ON THE FOLLOWING SUBJECTMATTERS:-

Criminal Advice/ Representation

Legal assistance is available to members who face criminal proceedings brought against them forany alleged criminal offence committed in, or founded upon something done in the performanceor purported performance of their police duties as a member of a Police Force. Please notethat authority to grant funding for legal assistance in these matters is discretionary.Please supply:

• C2 form• covering report from JBB summarising facts• typed statement of facts (even pocket book notes should be typed)• copy summons/charge sheet (if applicable)• as much background information as possible so the funding criteria can be applied

Criminal Appeals against Convictions

It is the policy of the JCC generally not to support appeals against convictions in road traffic andassault cases. However, appeals will be considered where there is an issue at stake which isof general importance to the membership as a whole or to a section of themembership.

Following a conviction, the solicitors dealing with the case will, as a matter of course, advise as towhether there are any special circumstances justifying an appeal in that particular case and on theprospects of success. Where, against that legal advice, a member still wishes to apply for thefunding of an appeal, an application and C2 form should be submitted in writing by the JBBSecretary. Such an application should specify:

• the point/s of law on which an appeal could be based• whether the member's livelihood is at risk as a result of the conviction• how the conviction, if allowed to stand, might adversely affect the membership as a

whole or a section of the membership• any other issue of principle of collective importance.

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Performance / Misconduct & Police Appeals Tribunals

Please note that authority to grant funding for legal assistance is discretionary. Due to timeconstraints under the new Police (Performance) and Police (Conduct) Regulations 2008 theseapplications can be submitted electronically by fax on 01372 352044 or email to: fedhq-claimsdept@polfed.org . The original hard copy application must follow within 7 days. Legaladvice/representation may be considered if a member is facing:

• 3rd stage meeting (under Reg 28, Police (Performance) Regs 2008) for grossincompetence (legal advice and/or representation)

• 3rd stage meeting (under Reg 27 Police (Performance) Regs 2008) for unsatisfactoryperformance (legal advice only)

• service of notice under Reg 15 Police (Conduct) Regs 2008 indicating potential grossmisconduct (legal advice only at this stage)

• service of notice under Reg 15 Police (Conduct) Regs 2008 indicating misconduct onlybut where member has a live final written warning under Reg 19(9)(a) of theaforementioned regulations (legal advice only at this stage)

• service of notice under Reg 21 Police (Conduct) Regs 2008 indicating attendance at aMisconduct Hearing (legal advice and/or representation)

• service of Certificate under Reg 43 Police (Conduct) Regs 2008 indicating attendance ata Special Case Hearing (legal advice and/or representation)

• police appeals tribunal (legal advice and/or representation subject to Counsel opinionon merits of grounds of appeal)

Before the instruct/on of a solicitor, please supply. -

• C2 form• chronology of what has happened to date• specific reasons why legal assistance is sought• members version of events (or Representatives summary of events)• copy of any notice/certificate issued under Reg 28 Performance Regs, Reg 15, Reg 21

or Reg 43 Conduct Regs

NB Please note that only one C2 form is required at the time of the first application;e.g. if application made on service of Reg 15 notice then no subsequent C2 formsare required on subsequent service of Reg 21 or application for a Police AppealsTribunals.

Defamation

The limitation period for bringing an action in defamation is only one year. This means a claim indefamation must be issued within one year from the date of publication of the words complainedof. This is a shorter limitation period than for any other civil action and the reason that it applies isbecause it is felt that somebody who has been defamed should and will act promptly to deal withthe damage to their reputation. If defamation advice is required, then the request must be madeas soon as possible after the words complained of have been published. Please supply:

• C2 form• full statement of facts setting out the alleged defamatory statement• if it was made in writing, then copies should be attached and if the statement was

spoken, then the words used should be set out as accurately as possible

• witnesses should be identified• show how the defamatory statement identified or applied to the member• identify the person who, or organisation which, made the defamatory statement and

describe their status and circumstances• describe the circumstances which led to the publication of the defamatory statement• explain how the members standing as a police officer has been affected and any

detriment they have suffered• identify what reparation the member seeks• the member should show how the defamatory statement is untrue and give their own

full account of the matter with a chronology and any supporting documentation

Inciuests

If the Coroner has ordered that our member(s) be joined as Properly Interested Persons to anInquest under rule 20 (2)(d) of the Coroners Rules 1984 because our member(s) are personswhose actions or omissions may have caused or contributed to the death, then JBB's arerequested to approach their Police Authority in the first instance for legal representationunder Home Office Circular 43/2001. Should there be a recognised conflict of interest with ourmember(s) and the Force, then the PFEW will consider providing legal representation upon receiptof an application from the JBB which must contain the following;

• C2 form• covering report from the JBB summarising facts and outlining the conflict of interest• statement of facts from member• copy of any documentation requesting Police Authority assistance/response of Police

Authority (if available)• any supporting documentation

NB Any inquest application linked to ongoing civil matters should be directed to theappropriate separate rank committee General Secretary

Legal Advice

Legal advice will only be available on matters arising from the performance or purportedperformance of police duties as a member of a Police Force.

Please make sure the current Police Regulations have been reviewed before any application is sentfor legal advice on a specific individual issue. Please supply:

• C2 form• covering report from the JBB summarising facts• statement of facts from member• any supporting documentation• chronology of dates and times

Authority for legal advice on Police Regulations (not an individual member query) should normallybe sought from the Deputy General Secretary of the Joint Central Committee.

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Matters affecting individual members should be addressed in the first instance to theseparate rank committee General Secretary.

Urgent Legal Assistance

There may be occasions when urgent assistance is required for a member (imminent interview,late receipt of summons etc). Please call a member of the JCC Claims Team who will assess theclaim and allocate a claim reference number so immediate contact can be made with a solicitor.This request must be followed up with the relevant paperwork within 7 days for formal instructionsto be sent to the solicitors.

NB Please note that this section also applies to urgent funding matters dealt with byrespective separate rank committees

PFEW will not be responsible for any costs where a member, JBB or Representativehave instructed a solicitor direct without obtaining a claim reference number in thefirst instance.

APPLICATIONS FOR LEGAL ASSISTANCE SHOULD BE SOUGHT FROM THE GENERALSECRETARY OF THE SEPARATE RANK COMMITTEES WITH THE RELEVANTDOCUMENTATION AND INFORMATION OUTLINED, ON THE FOLLOWING SUBJECTMATTERS:

Civil Claims/Personal Injury/Clinical Negligence

To have a civil claim there must be a duty of care, a breach of that duty of care and /ornegligence. The time limits for issuing proceedings are three years from the date ofaccident/incident for personal injury claims (except in relation to accidents/incidents occurring onboats or planes where the time limit for issuing proceedings is two years from the date of theaccident/incident). Other civil claims such as debt claims and unlawful arrest and detention, thetime limit is six years.

Most civil claims are conducted under a Collective Conditional Fee Arrangement (CCFA), and arehandled by one of our two retained solicitors namely Russell Jones and Walker or Pattinson andBrewer. Only in exceptional circumstances where there is a conflict with our retained solicitors willa claim be dealt with by another firm and then only with the express permission of the separaterank committee General Secretary.

It must be noted that in circumstances such as this, the separate rank committees alsohave a panel of conflict solicitors and these will be considered in preference in the firstinstance.

Please supply:

• Cl form• hearing loss questionnaire (if applicable)

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• covering report from .JBB summarising facts• statement of facts• any witness details• any medical evidence• any photographic evidence re accident or injury• for unlawful arrest and detention claims, please supply a copy of the custody record• health & safety questionnaire (if applicable)

NB You are reminded that members (including members of their family) can alsocommence civil claims by contacting "ClaimLine" on 0800 917 1999

Legal Advice

The Separate Rank Committees also assist with requests for advice provided for individual rankissues, but if the issue affects all ranks then the request should be directed to the Deputy GeneralSecretary of the Joint Central Committee. Please make sure the current Police Regulations havebeen reviewed when advising the member and before any application is sent for legal advice.Please supply:

• C2 form• health & safety questionnaire (if applicable)• covering report from the JBB summarising facts• statement of facts from member• any supporting documentation• chronology of dates and times

Medical Advice

The Separate Rank Committees assist with requests for assistance provided for individual rankissues but if issues affect all ranks then the request should be directed to the Deputy GeneralSecretary of the Joint Central Committee.

This covers requests for medical reports, pension appeals for individual members and issues suchas DSS appeals and other benefit issues.

Please remember there are strict time limits for pension appeals. You should also be aware thatthe time limit for a Judicial Review is 3 months from date of the last incident. Crown Courtappeals have to be issued within 21 days of any refusal by the force or police authority. Pleasesupply:

• C2 form• MP1 form• medical advice questionnaire (available soon on the intranet)• covering report from the JBB summarising facts• statement of facts from member• any supporting documentation• chronology of dates and times

on

APPLICATIONS FOR LEGAL ASSISTANCE UNDER THE VOLUNTARY FUNDS

Employment Issues

The Separate Rank Committees only assist ET claimants. (Please direct ET Respondents to theDeputy General Secretary of the Joint Central Committee). The time limit for registering an ET1with an employment tribunal office is three calendar months less one day from date of thelast alleged act of discrimination. Please supply:

• C2 form and Resolution Information Sheet• if ET has already been registered, then please provide copy of ET1 and copy

correspondence from the ET office and/or respondent including the ET3• Copy of statutory questionnaire and response (if any)• statement of facts• chronology of dates and times - important re time limits• supply names of any witnesses• list full names of alleged offenders (respondents)• where appropriate, register a grievance as soon as possible and provide a copy• any other supporting documentation, e.g. letters, e-mails sent by the Force

Issues covered:-

0 age discrimination

• disability discrimination• human rights

• part-time worker discrimination• protected disclosure/whistle blowing• religion or belief discrimination• sexual orientation discrimination• working time regulations

• bullying under protection fromharassment act

• gender re-assignment discrimination• marriage and civil partnership

discrimination• pregnancy and maternity discrimination• race discrimination• sex discrimination (including equal pay)• victimisation

Criminal Injuries Compensation

It is the responsibility of Branch Boards to process the initial application claims for compensationwhile the Separate Rank Committees process applications for reviews and appeals. The time limitfor submitting a CICA claim is 2 years from the date of injury. The time limit for submitting areview or appeal is 3 months from the date of the assessment. Please supply:

• C2• the original single member assessment notification• the original application for review form• copy of the initial application form completed by member• any photographic evidence of the injury (if required)• statement outlining how injury occurred, witnesses, medical treatment

received/ongoing

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CONCLUSION

These protocols are in place to assist not only our claims handlers in making quickassessments of your applications, but to make sure our members acquire assistanceand support, where appropriate, at the earliest opportunity so as not to suffer anydetriment.

Please be aware however, that PFEW will not be responsible for any costs where amember, JBB or Representative have instructed a solicitor direct without obtaining aclaim reference number in the first instance.

Yours sincerely

STEPHEN A. SMITHDeputy General Secretary

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