Police officer facing gross misconduct hearing – options for funding legal representation?
Hi all,
I’m looking for advice from anyone with experience of Police Federation legal assistance, police misconduct proceedings or funding legal representation.
My wife is a serving police officer and has recently been notified that she is required to attend a gross misconduct hearing under the Police (Conduct) Regulations.
The allegations relate to an application she made to join a Police Federation group insurance scheme. She gave incorrect answers regarding being actively at work and being in good health. She maintains that this was a genuine mistake made during a period when she was struggling significantly with her mental health.
She subsequently made two claims against the scheme:
a claim for lost night/unsocial-hours premium during her sickness absence;
and
a claim for a sick-pay top-up once she reached six months’ sickness absence and moved onto reduced pay.
The claims were rejected and no money was ever paid to her.
The matter was referred to the police and investigated as fraud. The insurer subsequently confirmed in writing that they did not wish to pursue any criminal allegation against her, specifically in relation to both the inaccurate application and the claims for the sick-pay/unsocial-hours insurance. The criminal investigation was ultimately NFA’d.
Despite this, PSD are now pursuing gross misconduct allegations concerning honesty and integrity and discreditable conduct, alleging that she knowingly made dishonest statements and intended to make a personal financial gain.
The situation we’re struggling with is legal representation.
Her local Police Federation has declined to provide her with a solicitor because the matter was referred to PSD by the Federation/its insurance scheme, creating a conflict of interest. She has, however, been appointed a Federation representative from another force to assist her.
We have Aviva Premium Home Insurance with Legal Services Cover, but the policy appears to exclude disciplinary proceedings, so we’re not currently sure whether that will assist.
Unfortunately, paying privately for a specialist police misconduct solicitor could potentially cost several thousand pounds, which we simply cannot afford.
Does anyone know of any other routes for funding a solicitor in these circumstances?
In particular, I’m interested in whether:
PFEW HQ can provide/authorise independent legal representation where the local Federation has a conflict;
there is any Federation or group-insurance legal-expenses cover that could apply despite the conflict;
there are any schemes for funding representation at a gross misconduct hearing;
solicitors specialising in police misconduct offer reduced/fixed fees or staged payment arrangements;
or there are any other options we’ve overlooked.
I’m not looking for opinions on whether she is guilty or innocent — I’m mainly looking for practical advice on how we can obtain specialist legal representation without having to fund the entire cost ourselves.
Thanks in advance to anyone who has experience of this.