Misconduct Solicitors
and Legal Cover

The Police Federation of England and Wales is the staff association for constables to chief inspectors and for special constables (regulation 2). What its own published documents say, as read on 3 October 2026:

• Misconduct is a fundable category. Legal assistance may be provided "in connection with proceedings or possible proceedings under such misconduct or unsatisfactory performance or unsatisfactory attendance provisions as are from time to time in force" (Fund Rules, rule 30.10, in the Federation's Rules version 4, effective October 2024). It may also be provided on an appeal against a decision of a court or tribunal where the original decision was covered by the rules (rule 30.12).
• Criminal funding is narrower. It covers offences founded on something done or not done in the performance or purported performance of duties, or proceedings brought only because you are or were an officer (rule 30.9).
• Only qualifying members. Broadly, members who started paying subscriptions within six months of joining and have paid continuously (rule 20.1). Anyone who joined late or stopped and restarted is treated under a protocol the National Board sets, which "may include restrictions, conditions or limitations" (rule 20.2). Non-subscribing members "will not be able to access legal assistance or funding" (membership page).
• The criteria are not public. The National Board sets the funding criteria, the limits, the terms and whether decisions can be appealed (rule 29). In an FOI response of 29 October 2025 the Federation said its additional internal funding criteria are withheld from publication.
• Discretion. The legal assistance page says "the Federation has absolute discretion as to whether or not to fund legal advice and representation in relation to any matter", that solicitors consider the merits once instructed, and that funding is kept under review.
• What funding includes. Related costs, including medical and other expert fees, other disbursements and adverse costs orders (rule 28).

What branches say. Branch pages give a more practical picture, but they are local and some are undated. The Wiltshire branch says that if your case has been assessed as gross misconduct, "generally speaking you will be covered for legal assistance". The Gloucestershire branch says off-duty matters, or those not concerned with your role as an officer, "may not qualify for legal funding", and that its group insurance legal cover is likely to cover matters outside the funding rules.

How often it is granted. The Federation told an FOI requester (response dated 28 March 2025) that from 1 January 2022 it received 2,210 applications for legal funding in misconduct-related cases and approved 1,982. That is not the share of all officers facing proceedings who are funded, because the Federation only holds data where an application was made.

The step-by-step application process, the C4 appeal form and what reps do in the room are covered in the Federation representation guide.

• Misconduct meetings and hearings. We found no power in the Conduct Regulations for a meeting or hearing to order the force to pay your legal costs, even if the allegation is not proven. If you pay privately, plan on the basis that those costs are yours.
• Your appeal to the Police Appeals Tribunal. "The appellant's costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent", and the respondent pays its own costs (Police Act 1996, Schedule 6, paragraph 9). So even if you lose, you do not pay the force's costs under this paragraph. Home Office guidance says a costs order against the local policing body should not be made, absent dishonesty or a lack of good faith, unless there is good reason, balancing your financial prejudice against the need for public bodies to make decisions without fear of undue financial exposure (paragraph 26.111).
• If the force or policing body appeals. Since the Crime and Policing Act 2026 substituted new costs paragraphs (fully in force 29 September 2026), where a chief officer or local policing body brings the appeal, it pays its own costs, and you, as respondent, pay yours unless the tribunal directs the appellant to pay all or part of them (paragraph 9A). Separate rules apply where the IOPC appeals (paragraph 9B).
• Court proceedings. If a case goes on to the High Court, for example a judicial review, the general rule under the Civil Procedure Rules is that the unsuccessful party pays the successful party's costs, though the court can order otherwise (rule 44.2). That cuts both ways.
• Reinstatement. If a tribunal reinstates you, the effect on pay and pension is dealt with in the appeal process guide. Legal fees are a separate question for the tribunal's costs direction.

• Have I asked my Federation branch or staff association whether funding is available, and do I have their answer in writing?
• Will instructing my own firm affect Federation or insurance funding?
• Have I checked every policy I hold (home, motor, stand-alone, branch group scheme) for legal expenses cover, and notified the insurer promptly?
• Does the lawyer specialise in police conduct work under the 2020 regulations, and who exactly will handle my case?
• Is there any conflict: does the firm act for my force, the PCC, the IOPC, or another officer in the same incident?
• Do I have a written estimate or quote broken down by stage, with VAT, barristers' fees and disbursements shown?
• Is the fee hourly, fixed or capped, and what triggers extra charges?
• What happens to fees if funding is withdrawn part way through?
• Do I have the client care letter, the terms of business and the complaints procedure?
• Have I given the lawyer every notice with the date I received it, and diarised the next deadline?
• Have I kept my police friend involved? They can still accompany and confer with me.

General information only. Your Federation rep, staff association or solicitor can apply these to your case:

• Is my case heading for a meeting, a hearing or an accelerated hearing, and so can a lawyer represent me?
• Should a funding application go in now, and what are the chances it will be approved for this kind of matter?
• Is this matter treated as on duty or off duty for funding purposes?
• If funding is refused, how do I appeal the decision and by when?
• Will a lawyer attend my interview, either as a nominated police friend or after a criminal interview?
• Which deadline is next, and who is responsible for meeting it?
• If I lose, who will advise on an appeal within 10 working days?

Being investigated is stressful, and money worries can make it worse. Confidential support is listed in the police mental health support directory.