Branch Committee Meetings for 2009

Branch Committee Meetings for 2009 are as follows (may be subject to change at short notice).

The Committee Meetings are held quarterly and follow the Regional Committee Meetings.

Brigade and Branch Officials are asked to attend.

Tuesday 7 July: Lecture Room, Newport Fire Station @ 5.30pm

Tuesday 6 October: Lecture Room, Newport Fire Station @ 5.30pm

Tuesday 22 December: Lecture Room, Newport Fire Station @ 5.30pm

FBU Response to the FiReControl National Business Case

Please see the below the PDF for the FBU Response to the FiReControl National Business Case.

Download FBU Response to the FiReControl National Business Case as a PDF

Below is the Independent Review of the National Business Case (November 2008) for the FiReControl Project from the IPF.

Download the Independent Review of the National Business Case (November 2008) for the FiReControl Project from the IPF as a PDF

Legal Representation for Drivers of Fire & Rescue Service Vehicles

HEAD OFFICE CIRCULAR 2009HOC0245PW – LEGAL REPRESENTATION FOR DRIVERS OF FIRE AND RESCUE SERVICE VEHICLES

C: 2009HOC0245PW                                                                        30th April 2009

TO:  BRIGADE SECRETARIES

Dear Brother/Sister,

Legal Representation for drivers of Fire and Rescue Service Vehicles:

Guidance Note

Introduction

The provision of legal representation for members is at the discretion of the Executive Council under Rule 25.  This discretion applies to drivers in connection with road traffic accidents and alleged road traffic offences in the same way that it applies to other members on other issues.

Questions have arisen as to the Union’s policy in cases where a road traffic accident arises causing death or injury and the driver seeks legal assistance.

When an application for legal assistance is made, the first consideration will be precisely what assistance is requested and, in particular whether civil or criminal proceedings arise.

Civil Proceedings

If the member has been injured him/herself and seeks to bring a personal injury claim, legal assistance will ordinarily be granted in the same way as it is for any other personal injury claim.

Where the member seeks legal assistance in respect of disciplinary proceedings, the usual procedures will apply.  The member will ordinarily be represented by the Union in any discipline hearing and/or appeal and the question of legal representation will not normally arise unless/until Employment Tribunal proceedings are required, with due regard to time limits and the six week rule set out in previous circulars.

Any legal assistance is subject to the Union’s policy on road traffic signals. Members in breach of that policy will not be granted legal assistance.

A member who has received a civil claim by those injured against him/herself as the driver would normally be represented by the employers.  A member’s liability as a driver will be covered by compulsory road traffic insurance and the member is required in any event to forward such claims to the FRA to pass to the relevant insurers.  There is no requirement for FBU Legal Assistance in such cases.

Police Interviews/Criminal Proceedings

Where a member seeks assistance in respects of a police interview under caution, that member will be entitled to Legal Aid and no question of Union Legal Assistance will arise.  The member should be referred to Thompsons who will provide advice and representation at the police station, funded by Legal Aid.

Where a criminal prosecution is brought against the member, the primary means of funding is Legal Aid. If the charge is a minor motoring offence e.g. speeding, Legal Aid will not normally be available and neither would Union Legal Assistance be provided.

Where there has been a fatality and an inquest or fatal accident inquiry is to be held, it would ordinarily be appropriate to represent the member, particularly where the suggestion is the accident was due to the member’s fault.  Whilst representation could be provided by the FRA, there would be a potential conflict of interest and, where appropriate, representation would be granted to members in such circumstances.

In the case of criminal proceedings following fatality, such as a manslaughter charge or other serious charges Legal Aid would normally be available such that any question of Union Legal Assistance would not arise.  Where Legal Aid is not available, any application for Union Legal Assistance would need to be considered in the circumstances of the case.

Union Legal Assistance is at the discretion of the Executive Council. On a day to day basis applications for Legal Assistance are considered by the National Officer responsible for Union Legal Assistance.  Where appropriate the matter will be referred to the Executive Council.

The above guidance sets out the position ordinarily applicable in respect of requests for Union Assistance but ultimately, assistance is discretionary and there may be exceptional circumstances where the normal response, as outlined above, will not apply. Where it is considered that a case is exceptional, full details should be set out in the application so that the matter can be properly considered.

Yours in unity,

PAUL WOOLSTENHOLMES
National Officer

PW/JW

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