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IVAs for a Police Officer

Police Officers are generally looked up to by the public at large as model citizens who provide valuable services and it is important that trust is maintained between the police and the public.

When a police officer encounters financial difficulty and is threatened with insolvency, having an acceptable solution for his or her predicament is essential. And after all, police officers can be flung into such difficulties by quite normal but yet traumatic events such as the death of a spouse, separation or divorce, unplanned or unwanted pregnancy, poor health, loss of overtime or simply living beyond one’s means.

Police and an IVA

When faced with insolvency the two most frequently employed remedies are Bankruptcy and Individual Voluntary Arrangement. Police forces across the country tend to take a more benevolent view of insolvent members who enter into Individual voluntary Arrangements than those who petition for bankruptcy. Perhaps this is because of the stigma of bankruptcy and the fact that creditors are repaid more of the debt in an IVA. It is probably easier to maintain trust where the member enters an IVA both from the perspective of the force itself but also in the perception of the public.

Discharge from a police force is not mandatory for members who either become bankrupt or enter into an IVA. However, the authorities will usually examine the circumstances in which the insolvent member finds him or herself and in their discretion may expel the insolvent member. Even if loss of employment is avoided, there may be consequences for the career of a police officer where for example promotion is denied or delayed. If an insolvent member is expelled, re-admission is again possible but unlikely. The police force maintains a benevolent fund which provides advisory assistance to insolvent members but does not assist financially.

A serving member of the police who becomes insolvent should consider taking independent legal advice before making what could turn out to be a career threatening decision. A reputable insolvency practitioner will also provide invaluable advice on all the available options open to members of both bodies. Such advice should be provided free of charge. Alternative sources of advice are CAB and the CCCS.

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