Witness expenses policy

Last updated: 24 January 2024

Why do we need this policy?

This document outlines the following in relation to witness expenses:

• principles
• rules
• thresholds

This policy provides guidance on:

1. the types of expenditure which can and cannot be reimbursed
2. ensuring the public interest remains central to the decision-making process
3. maintaining high ethical standards
4. demonstrating Value for Money (VFM) within the decision-making process

The principles outlined in this policy are an extension of the guidance contained within Managing Public Money.

Who needs to follow this policy and why?

This policy applies to all witnesses and other individuals who may be required to attend the following at the request of Social Work England:

• hearings
• familiarisation visits
• other meetings

What's our policy and how will we implement it?

• all requirements and claims for travel, subsistence and expenses must be related to a genuine business need.
• the witness must ensure that their travel arrangements comply with the requirements set out in this policy if they intend to claim reimbursement. This must be done prior to making a booking.
• If any losses cannot be refunded in full (for example cancelled or unused travel/ hotels) the adjudications team should be notified immediately..
• all actual expense claims must be supported by receipts. This excludes mileage claims
  

Travel

Rail travel

When travelling by rail the witness must:

• always travel standard class
• pre-book their tickets to travel on specific (timed) trains. They may book an open ticket if they have no way of knowing what time their meeting or hearing will finish. A specific (timed) ticket should still be booked for their outward journey.

First class travel can be booked under any of the following circumstances:

• where there are no standard class facilities to accommodate approved reasonable adjustments

where first class travel is cheaper than standard class. Please note: all first-class travel must be pre-approved by the relevant team (i.e. adjudications team for hearings) before booking. Failure to do so may lead to the request for reimbursement being denied.

Tube, Coach and Bus travel 

• all tube, coach and bus fares will be reimbursed as incurred.
• we will refund the cost of all necessarily incurred journeys.
• a receipt or statement clearly evidencing the journeys made will be required when claiming these expenses

Taxi travel

We encourage all parties to make use of public transport.

Taxi travel does not often represent value for money. Use of taxis may only be permitted and reimbursed in the following circumstances:

• where no public transport is available within a reasonable walking distance
• where the number of passengers dictates this to be cost-efficient
• public transport is infrequent and will lead to unreasonable additional travel time
• where disability or other special needs requirements would make the use of public transport an inappropriate option

Mileage limits and allowances

Mileage allowances are applicable where an individual chooses to use a private vehicle as an alternative to public transport. This is typically done for their own convenience and if there is also a benefit to Social Work England.

Mileage allowance payments:

• Cars = 25 pence (per mile)
• Motorcycle = 20 pence (per mile)
• Bicycle = 10 pence (per mile)
• Passengers = 5 pence (per mile)

Reasonable car parking charges will be paid. The mileage allowance covers the full cost of using a private vehicle. This includes:

• fuel
• insurance
• road tax
• servicing
• wear and tear

Charges and fines

Individuals will be responsible for ensuring:

• that they have valid travel tickets for their journey
• private or hire vehicles are legally parked
• all toll or congestion charges are paid prior to reimbursement
• any fines incurred by an individual whilst using their vehicle to travel for hearings or meetings are paid. For example, speeding fines

We will not reimburse or accept any liability for fines levied as a result of (any of the following):

• penalty fares
• parking tickets
• late or non-payment of toll and congestion charges

Subsistence

• subsistence rates are fixed amounts. They go towards the cost of meals and refreshments. This only applies to those consumed whilst the witness is away from their home or normal place of work in the performance of their role as a witness
• where meals and refreshments are provided by us, they will not be able to claim reimbursement
• valid receipts are required to claim actual costs spent
  

Day subsistence 

All necessarily incurred day subsistence expenses will be reimbursed on an actual cost basis within the following limits.

• Duration of travel and/or absence in that day is 5 hours or more = £15.00
• Duration of travel and/or absence in that day is 10 hours or more = £20.00
• Duration of travel and/or absence in that day is 15 hours or more = £25.00

The period of absence is calculated as the time taken between departure from home or office and time of arrival back to home or office. This does not include the usual journey time from home to office.

Overnight accommodation

• overnight accommodation covers an absence of 24 hours
• where necessary this will be arranged and paid for by us
• where the witness has had to arrange their own overnight accommodation, we will reimburse actual rates up to the maximum overnight allowance (£75 per night)
• where the cost of a meal is not included within the overnight rate these can be claimed in line with the subsistence rates contained within this policy
• witnesses must settle the balance of their bill upon departure, covering any other costs incurred on departure

Incidental overnight costs are personal expenses incurred by an individual while travelling overnight for business purposes. Incidental expenses may include (but are not limited to):

• buying newspapers
• paying for laundry
• phone/internet charges

Incidental expenses will be reimbursed on an actual cost basis per night up to the following limits:

• All UK locations = £5 (overnight limit)

Child and other caring responsibilities 

Child and dependent care costs will only be reimbursed under the following circumstances:

• up to a maximum daily rate of £65 per child/dependent while an individual is away from home
• if the care required not normally in place for that period of time
• if the care required is needed in addition to the normal contracted hours of the replacement care giver
• care costs may only be claimed by the parent/carer/guardian of, the child/dependant
• payment will only be made if the replacement care giver is registered with the appropriate agency (Ofsted, CQC)
• reimbursement is subject to a valid invoice. This must be addressed to the individual with parental/dependant responsibility

Personal assistants 

We will reimburse the reasonable cost of a personal assistant under the following circumstances:

• where the assistant is accompanying an individual to a meeting, hearing or event where the individual’s attendance is required
• where the cost of the support worker is not covered by Access to Work funding
• reimbursement will be subject to receipt of an invoice. Payment will be made to the individual. We are not able to pay personal assistants directly
• all travel and subsistence costs incurred by the personal assistant will be reimbursed subject to this policy and the limits contained within it

Witness loss of earnings

All ordinary witnesses will be entitled to claim for the period they are required to attend and/or provide evidence at a hearing if (either of the following apply):

• their employer does not pay them for this time
• they suffer financial loss (e.g. they are self-employed)
  

If employed, witnesses can claim the actual amount lost on the basis of net earnings (after tax and national insurance have been deducted)

To claim loss of earnings please provide (both of the following):

• witnesses must get their employer to complete this section of the claim certifying the loss of earnings
• witnesses will need to submit their claim once they have given evidence and/or are no longer required to attend the hearing

If you are self employed and wish to claim loss of earnings/substitution you must provide (both of the following):

• some evidence of self-employment. This could be (but is not limited to):
  • business card or letterhead with your name shown
  • firms stamp
  • tax or VAT reference
• evidence of loss. This could be (but is not limited to):
  
  • accountants’ letters
  • certified financial statements

Loss of earnings for expert and professional witnesses are agreed in advance of any preparation for and attendance at a hearing.

Failure to provide suitable evidence as identified within this policy may make your claim invalid.

Witnesses will be responsible for declaring any reimbursement or loss of earnings income to Inland Revenue.

Other people attending hearings

In certain circumstances, those accompanying official witnesses may receive allowances. This will be at the discretion of the adjudications team and should be agreed in advance of attendance.

Examples of who may be able to claim allowable expenses/allowances include (but are not limited to) the following:

• parents accompanying child witnesses
• people accompanying elderly or infirm witnesses
• witnesses attending the hearing venue for the purposes of familiarisation visits

People who cannot be paid

No allowances, expenses or fees can be paid to:

• police officers attending in their official capacity
• prison officers attending in their official capacity

Payments by us are limited to:

• expenses
• allowances
• fees

The adjudications team retain discretion to reimburse expenses where evidence has not been given but attendance has been necessary.

Non-reclaimable expenses

Non-reclaimable expenses are identified as follows:

• alcoholic drinks
• tobacco products
• personal gifts
• hairdressing
• hire or purchase of clothing
• ancillary hotel services e.g. spa/Pay-Per-View
• traffic/Parking fines and violation

Please note the above list is not exhaustive. If in doubt, please consult your case hearing officer.

If this policy isn’t followed, the most appropriate course of action will be agreed between the policy owner and the HR manager, dependent on the circumstances.

Roles and responsibilities 

4.1 The claimant

• ensure that your travel arrangements comply with the requirements set out in this policy before making a booking or incurring costs for which you intend to make a claim
• the adjudications team must be made aware of any losses incurred for cancelled/unused travel or hotel bookings that cannot be fully refunded
• all actual expense claims must be supported by receipts(excluding mileage claims)

4.2 Line manager/budget holder/executive director 

• all expenditure incurred will be met from their respective budget
• the adjudications team must authorise all expenditure incurred or reimbursed under this policy
• ensure that proposed bookings and/or claims are in line with requirements set out in this policy
  

4.3 Finance and commercial team 

• ensure that all claims are in line with the requirements of this policy
• validate the coding of all expenses to the specific areas of work or budget lines
• ensure all expenses claims are supported by receipt evidence
• where any errors within a claim are highlighted, or misuse of the policy is evident:
  
  • act to rectify the error and recover any monies that may have been over claimed
  • monitor future claims for compliance with this policy
  • take further any training/disciplinary action where necessary

Queries

If you have a query about this policy, please contact the Head of Adjudications.

Definitions

6.1 Mileage allowance payment 

Payments made to cover the usage of a private vehicle for business travel.

6.2 Value for money (VFM)

VFM is the achievement of the most desirable outcome given expressed or implied restrictions or constraints e.g. financial resources, time.

6.3 VAT (valued added tax)

A consumption tax placed on goods or services whenever value is added at each stage of the supply chain, from creation to point of sale or consumption.

6.4 Non-departmental public body (NDPB)

A body which has a role in the process of national government but is not a government department.

An NDPB operates at arm’s length from ministers. NDPBs have different roles, including those that advise ministers and those which carry out an executive or regulatory function.

They work within a strategic framework set by ministers.

6.5 Regularity

Compliance with relevant legislation, delegated authorities and following guidance contained within this policy.

6.6 Propriety

Meeting high standards of public conduct, including:

• robust governance
• transparency

6.7 Subsistence 

Meals and any other necessary costs of travelling. For example:.

• parking charges
• tolls
• congestion charge

6.8 Ordinary witness

An ‘ordinary witness’ is a witness to fact. They are a witness who is neither a professional nor expert. An ordinary witness gives evidence based on their first-hand knowledge of events relevant to a hearing.

6.9 Expert witness

A witness whose level of specialised knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case. An expert may give an opinion by virtue of:

• education
• training
• certification
• skills
• experience

6.10 Professional witness

A ‘professional witness’ is defined as a practising member of any of the following professions:

• legal
• medical,
• accountant
• dentist

Version

Last reviewed: December 2023

Next review date: December 2024

Policy Owner: Executive Director - People and Business Support