1. PFNI Voluntary Fund rules will be adhered to in full. In order to provide consistency to all members, there will be no deviation. PFNI Voluntary Fund rules can be found on the PFNI Website.
2. Funding will only be provided for matters that are in the “bona fide duties of a Constable”.
3. Application forms must be completed fully with sufficient information to allow an informed decision to be made by the Treasurer. If there is insufficient information, it will be sent back to the member for further information or clarification.
4. Applications that are not approved by the PFNI Treasurer can be appealed to the Business, Finance Pay and Pensions (BFPP) Committee. A representative of each PFNI Board area will be in attendance and consider the facts presented. The outcome of the appeal is final.
5. Merits of the case will be assessed at the outset and reviewed at appropriate junctures by the solicitor. Once the likelihood of success falls to below 51% (unlikely to succeed) the PFNI will cease funding.
Ill-Health Retirement and Injury on Duty Award
6. The cost of medical reports requested to support a member’s application for Ill-Health Retirement (IHR) and/or Injury on Duty Award (IOD) will be recouped upon a successful IHR and/or IOD application. The declaration on the application form makes this clear.
7. PFNI will not fund diagnostic tests or scans and will only fund medical reports necessary for progression of the member’s case.
8. Your appointed legal advisor will recommend a medical expert that is relevant to your condition if you require medical evidence to support your application. They may provide guidance as to the likely fees for a medical report. Costs are dependent on the professional’s expertise, the volume and amount of time required to review the member’s medical notes, a personal examination if required and complete a report. Costs may differ from member to member and each expert.
9. Retired members will only be supported for legal funding for Retrospective Injury on Duty Applications up to 3 years post date of retirement.
Employment Advice
10. An application will be considered as per the PFNI Voluntary Rules. If approved, any further applications received from the same member for further employment advice will be reviewed by the BFPP Committee to ensure due diligence with the provision of funding within the Rules.
11. As per Rule 5(4) if a member is successful in an Employment Tribunal case with the benefit of support from the Voluntary Fund and where an award of compensation (whether obtained after hearing or upon settlement) exceeds the cost of legal assistance the member will be required to make a contribution towards the legal costs out of the compensation awarded. Whether such a contribution is to be made and the amount of same will be at the discretion of the Central Committee of the PFNI but the contribution will not exceed 50% of the compensation.
12. As per Rule 5 (5) where an award of compensation (whether obtained after hearing or upon settlement) is obtained, the member will be required to make a contribution towards the cost of legal assistance out of the compensation awarded. The contribution should be 50% of the total cost of legal assistance provided that the amount shall not exceed 50% of the compensation awarded to the member whether in an individual application or in the aggregate on respect of more than one application.
13. Should a member withdraw from a legal case, without good reason, any costs (including legal, medical or other expert advice) to that point may be attributed to the member. BFPP will consider the rationale for withdrawal.
14. PFNI will not fund matters that concern federated member vs federated member.
Litigation
15. The PFNI will only provide financial support for two medical reports. Addendums may be required due to additional information or a time delay between the original report and hearing. These will be supported by the PFNI and any additional medical reports required will be at the discretion of the PFNI. The PFNI will not fund ‘second opinion’ reports nor diagnostic tests or scans.
Criminal Injury Claims
16. Criminal injury claims should be processed by application using your station address. The online process requires verification on the Government site which requires personal data such as passport details and home address.
PFNI will only provide legal assistance for an appeal and if there is merit in appeal. A solicitor will advise of the merit.
General
17. No application for legal assistance will be approved from members who have resigned or been dismissed.
18. Once legal assistance is approved the PFNI will contact your requested solicitors (Edwards or Croasdailes) who will then contact the member directly.
19. No other firm of solicitors can be used for PFNI funded legal matters.
Conduct Policy
20. Your appointed legal representative (or their office) will communicate with you only when necessary. Legal processes can be protracted and therefore do not expect weekly or monthly updates. Every contact comes at a cost to the Voluntary Fund so please be pragmatic with expectations around updates.
21. Rude behavior to PFNI Staff or to our business partners will not be tolerated and may result in removal of funding. The PSNI Code of Ethics applies to all members and there is an expectation that any contact will be polite and courteous.
If you have any further queries about legal funding, please contact the PFNI office at [email protected] or telephone the PFNI office on 02890764200.
