Operational partnerships - Special Constables allowances SOP (O39c)

1. Summary of changes

1.1. The following amendments were made to this standard operating procedure (SOP) on 9 November 2023:

• paragraph 3.10.4 added.

2. What this procedure is about

2.1 This standard operating procedure (SOP) details the procedures for:

• the allowances available to a member of the Special Constabulary

Compliance with this SOP and any governing policy is mandatory.

3. Application

3.1. Travel expenses

3.1.1. Members of the Special Constabulary will be paid the current rate as per force policy when travelling from their home address to the place of duty and return. The Home Office circular 40/2005 entitles special constables to claim an allowance under regulation 34 of the Police Regulations 2003.

3.1.2. Payment will be made out of the relevant division/district budget via SAP and will be paid direct to the special constable’s bank account. It is the responsibility of the individual special constable to ensure that these details are up-to-date.

3.1.3. All claims will be completed electronically on duty-sheet and via a supervisor who will ensure they are legitimate claims before authorising. Claims for mileage only do not need receipts.

3.1.4. Where a special constable resides outside the police division in which they request to be posted, they will ordinarily be entitled to payment at the current published rate for travelling from their home to their chosen station. They will only be entitled to payment where the purpose of the journey is to perform a duty or to attend training.

3.1.5. Where a special constable requests to work at a district outside of their place of residence, should this incur significant additional mileage expenditure, the decision in identifying and agreeing payment boundaries will be made by the Special Constabulary manager.

3.1.6. Special constables are entitled to reclaim travel expenses from their home for centrally delivered training. Payment will be made out of the KPC budget for initial training and district budget for subsequent training. 

3.1.7.  Special constables who live outside of the force area are entitled to claim for a distance of 30 miles outside of the force to their home station and return, unless exceptional circumstances and agreed with the CiP manager.

3.2 Use of private vehicles for police work

3.2.1 On each and every occasion a privately-owned vehicle is used on police duties it must be fully insured for social, domestic and pleasure and business use including commuting to more than one place of work and their position of special constable as a part-time occupation. The certificate of insurance will be checked by a regular supervisory officer. Excise licence for the vehicle will have been paid in line with current legal requirement and where the legal requirement exists, the officer using it will ensure that a valid test certificate is in existence if applicable.

3.2.2. Where a special constable is not the policyholder, (i.e. the policy is in the name of policyholder and spouse, but the special constable is the spouse) some insurers allow business use by the policyholder and spouse, others by the policyholder in person. In the latter case, the spouse would therefore not be included for use of this vehicle as a special constable as business use does not extend to include him/her.

3.2.3. Where a special constable is a named driver on the policy but not the policyholder, (i.e. the son or daughter or friend of the policyholder) they would not be included for use of this vehicle as a special constable as business use does not extend to include him/her.

3.2.4.Where a special constable is driving a ‘company’ car the business description of the special constable’s normal employer would not include work as a special constable. The policy would need to be specifically extended to include that definition within the job title.

3.3 Use of private vehicles for police purposes

3.3.1 Circumstances may arise, where following the attendance of a member of the Special Constabulary at their home station, where they are authorised to use their own vehicles in the interest of the service. In these situations the officer concerned is entitled to be paid at the published rate. Such examples could include travelling from a home station to an alternative location to participate in a pre-planned event or training.

3.3.2 This allowance is not just recompense for petrol. Various elements go to make up motor vehicle allowance, including car tax, servicing, garaging, engine oil, depreciation of car value and car insurance.

3.4 Travel tree

3.4.1 Special constables must comply with the travel tree when making travel decisions outside of their home to duty mileage.

3.5 Period of claim

3.5.1 All claims for mileage should be submitted electronically on duty-sheet no later than the one month following the date of claim, one per calendar month. For claims received up to the cut off date of that month will be paid that month, if submitted after the cut off date the claim will be paid in the following month.

3.5.2 It will be at the discretion of force's finance manager to pay claims in excess of three months. All claims must be submitted prior to the end of the financial year.

3.6 Out of pocket expenses

3.6.1 Regulation 4(1) of the Special Constables Regulations 1965 provides that special constables may be paid out of pocket expenses, which are reasonably incurred in the course of their duty. This would cover such out of pocket expenses as telephone charges and cleaning of uniform expenses. Before payment can be made, a claim via duty-sheet should be made and a receipt/bill must be submitted to the Business Centre, via email, with a name, force number and claim number written on the claim.

3.6.2 For public transport claims including bus and train, these will be paid as out of pocket expenses as 3.6.1, however claims for taxi/uber will not be paid at that cost, they will be paid at the public transport rate.

3.6.3 Claims for damage to personal property on duty will generally not be authorised. Personal property such as mobile phones should be kept safe and not on the person whilst engaging in activities from a police vehicle. Foot patrol is an exception. 

3.7 Refreshment/subsistence allowance

3.7.1  Refreshment/subsistence allowance will be paid in accordance with the policy for regular officers and staff (SOP V01b, section 3.13.4 to 3.13.7)

3.8 Loss of earnings for court duty

3.8.1 Normally special constables would only be expected to attend for duty outside of their normal working hours. There may be occasions however when this is impossible, for example, attendance at court to give evidence.

3.8.2 Regulation 4(2)(a) of the Special Constables Regulations 1965 provides that if a special constable is required for duty during his or her normal working time, an allowance equal to his or her actual loss of earnings on a daily basis in his or her private employment will be paid.

3.8.3 For this allowance to be paid the special constable must obtain a letter from their employer. In the circumstances where the special constable is self-employed, a letter would be required from their accountant. Letters should specify the amount of loss of earnings and will be submitted together with a claim via ESS.

3.9 Boot allowance

3.9.1 The Home Office circular 40/2005 issued on the 10 August 2005 abolished the boot allowance with effect from the 1 August 2005.

3.9.2 Serving special constables will be entitled to reimbursement of the cost of purchasing suitable footwear, by claiming out of pocket expenses. Special constables are required to source and supply their own suitable shoes or boots.

3.9.3 Special constables who complete 200 hours of operational duty per annum, may now reclaim up to the current force maximum annually towards the cost of purchasing appropriate duty footwear. Claims to recover costs are made in arrears and should be submitted via duty-sheet and require the submission of a receipt in support of such claims. Claims to recover footwear costs will only be accepted on an annual basis.

3.10 Ex-gratia payments for injury or illness

3.10.1 The term ‘sick pay’ taken from the Special Constables Regulations 1965 (hereafter referred to as the 1965 regulations), refer to reimbursement of lost remuneration from a special constable’s regular employment. This is where a special constable suffers a temporary injury or disease contracted whilst on duty or when travelling to or returning home from duty, through no fault of their own.

3.10.2 The circumstances which legislation does not cover are as follows:

• where the officer is injured or becomes ill (as a result of performing his or her duties) beyond the statutory period of entitlement (28 weeks)
• an appropriate method of calculating lost earnings for self-employed special constables
• other circumstances, such as where a special constable is unemployed

3.10.3 The above list is not intended to be exhaustive and it is recognised that there may be other circumstances that are not covered by legislation.

3.10.4 Special Constables injured in the course of their duty must notify their CIP co-ordinator at the earliest opportunity. The SC will complete a hurt on duty form and submit to their SC co-ordinator. A nine point plan will be completed by the regular supervisor on duty at the time of the incident (usually the LPT Sgt).
The nine point plan must be sent to the officers’ CIP co-ordinator (for Tac Ops officers this will be to the West Divisional CIP Co-ordinator).
The SC Co-ordinator will notify the CIP Insp of the incident if appropriate.
If the injury on duty is likely to impact on the paid employment of the injured SC, the CIP Co-ordinator will refer the matter to legal services for discussion with the individual about any financial recompense.
The Police Federation are also to be notified by the CIP Co-ordinator. If the CIP co-ordinator is on annual leave or sick leave, the CIP Inspector will take on the actions above.

3.11 Existing legislation

3.11.1 Special constables who are permanently incapacitated to the point that they are incapable of any kind of employment or those who die on duty are provided for under the Special Constables (Injury Benefit) Regulations 1987.

3.11.2 These regulations provide similar provisions afforded to regular police officers under the Police (Injury Benefit) Regulations 2006. The regulations make provision for enhanced benefits in case of death or total disablement resulting from an injury received by a member of a police force in the execution of his or her duty.

3.11.3 Those who are permanently incapacitated to the point that they are incapable of continuing in their ordinary employment are provided for under the Special Constables (Pensions) Regulations 1973. These regulations give to special constables and their dependants certain pension benefits which regular police officers and their dependants are eligible for under the Police (Pensions) Regulations 1987.

3.11.4 A special constable, who is injured or becomes ill as a result of duty and, as a result, loses remuneration in his or her private employment, is entitled to an allowance by way of sick pay under the 1965 regulations.

3.11.5 In particular, the 1965 regulations apply:

• so long as the special constable continues to lose remuneration in his/her private employment
• for a maximum period of 28 weeks at the rate of actual loss of remuneration

3.12 Non-statutory arrangements

3.12.1 It is recognised nationally that where legislation does not apply, in the interests of fairness and consistency, there should be a standard national approach for forces to deal with such circumstances. Additionally, it is recognised that such an approach should allow a degree of flexibility in how to deal with situations related to temporary injury or illness. 

3.13 Illness or injury in the case of self-employed special constables

3.131 While the 1965 regulations do not explicitly refer to special constables who are self-employed, it should be taken that the term “private employment” in these regulations includes this category of worker. Therefore in line with special constables in regular employment, where a self-employed special constable is injured or ill as a result of performing their duties as a special constable, forces should pay them for the amount of lost earnings for a period not exceeding 28 weeks.

3.13.2 As earnings of the self-employed can vary over time, it is recommended that forces calculate the amount payable for illness or injury by averaging the total income a self-employed special constable has received over the previous 28 week period, prior to the injury or illness taking effect.

3.13.3 Self-employed special constables would need to provide forces with the necessary information to enable this calculation to be made i.e. financial records, accounts, etc. In the event that evidence is unavailable, incomplete or contentious, the force will need to decide whether it is appropriate for an ex-gratia payment to be made.

3.13.4 Following a review of the special constable’s condition, the force may wish to extend the period of sick pay for a period of 24 weeks at half the rate of earnings from their self-employment, or at half the rate of pay of a regular constable with ten years’ service, whichever is the lower.

3.14 Sickness or injury in other circumstances

3.14.1 It is recognised that there may be other scenarios related to sick pay that fall outside of the regulations and are not specified in this circular (unemployed special constables, for example). This could, in the interests of fairness, merit an ex-gratia payment to a special constable.

3.14.2 It will be for the force to determine whether it is appropriate to make an ex-gratia payment and the amount of any such payment. However, any payment under (C) should be for an initial period not exceeding 28 weeks at no more than the rate of pay of a regular constable with ten years’ service. Following a review of the special constable’s condition, any further payments should be for a period not exceeding 24 weeks at no more than half the rate of pay of a regular constable with ten years’ service.

3.15 Home Office Legal Fees Insurance Scheme and membership of the Police Federation

3.15.1 The Home Office provide a legal protection scheme for special constables from incidents that arise on duty. Please refer to your special constable co-ordinator.

3.15.2 Special constable may be members of the Police Federation. Should a special constable wish to become a member of the Police Federation, they must complete the relevant application form. Kent Police will pay the subscription fees of special constables who become members of the Police Federation.

3.15.3 Upon leaving SC service, membership of the Police Federation will cease, as will payment of subscriptions by Kent Police.

3.16 Ex-gratia payments

3.16.1 In the circumstances listed above, a Police and Crime Commissioner is free to make an ex-gratia payment to a special constable where it is considered appropriate. This would consist of a one off payment or series of payments made to a special constable from the police grant received by the force and is not governed by the existing regulations.

3.16.2 It is only intended that this ex-gratia payment be made in specific cases, relating to sick pay for special constables for injury or illness. Ex-gratia payments should not automatically be granted and there should be a robust justification when they are. Forces should also take into consideration, whether the special constable is in receipt of sickness benefit or statutory sick pay as a result of their injury/illness. The force should also consider whether to reduce the level of any ex gratia payment(s) made by that amount.

3.17 Local procedures for application of ex-gratia payments

3.17.1 The claimant must complete the hurt on duty form and any other documentation that may be relevant. Where applicable, written permission must be given by the special constable to allow Kent Police to contact their employer and any medical professional. All applications should be submitted for consideration to the finance insurance clerk, FHQ. A copy of all applications should also be forwarded to the force Special Constabulary co-ordinator at FHQ.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out which shows the proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1. This SOP has been assessed as medium risk.

6. Consultation

• Special Constabulary Chief Officer
• Divisional Commanders
• Payroll and Pensions Manager
• Human Resources
• IT Security
• Health and Safety
• Equality and Diversity
• Freedom of Information
• Legal

7. Monitoring and review

7.1. This Policy will be monitored by the Citizens in Policing Board, chaired by ACC LP. It will be reviewed every two years with the next review scheduled for August 2024.

8. Related force policy

• L1840 Police officer recruitment
• SOP V01b Allowances
• O43 Staff safety
• O45 Safe driving 

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.