Guidance for evidence given outside of the UK

Last updated: 14 May 2025

Content

• Why do we need this guidance document?
• Background
• The Foreign, Commonwealth and Development Office (FCDO)
• Approach to be taken by Social Work England

Why do we need this guidance document?

This guidance sets out the approach that will be taken by Social Work England when witnesses or social workers will be giving evidence in a hearing from outside of the United Kingdom. It replaces the previous approach which was to seek permission from the Foreign, Commonwealth and Development Office (FCDO).

Background

The issue of taking evidence from abroad has become increasingly relevant in light of the immigration case of Secretary of State for the Home Department v Agbabiaka [2021] UKUT 286. Following the case, there was some direction given that evidence could not be heard from outside of the UK in tribunal proceedings, without the relevant permissions from that country.

The Upper Tribunal noted that 'one State should not seek to exercise the powers of its courts within the territory of another, without having the permission of that other State to do so. The position of the Secretary of State for Foreign, Commonwealth and Development Affairs is that it is accordingly necessary for there to be permission from such a foreign State (whether on an individual or general basis) before oral evidence can be taken from that State by a court or tribunal in the United Kingdom'.

In Agbabiaka, the approach of the Foreign, Commonwealth and Development Office (FCDO) was adopted in relation to courts and administrative tribunals. The approach was that only the giving of oral evidence from outside the jurisdiction necessitates the seeking of permission from a foreign government. No permission is required for written evidence, or written or oral submissions.

The Foreign, Commonwealth and Development Office (FCDO)

The FCDO is a ministerial department of the government responsible for leading the United Kingdom’s diplomatic, development and consular work around the world. The FCDO has recently published some guidance on its website. 

The guidance relates to those involved in a UK court case or tribunal hearing where individuals need to give evidence abroad via video link. The guidance confirms that ‘whether or not you can do this will depend upon the country you are based and the type of court case or tribunal’.

For Social Work England’s purposes, the taking of evidence rules would therefore only apply if our tribunals were tribunals for the purposes of the FCDO.

The different types of tribunals and court cases are:

• administrative tribunal cases - civil or commercial tribunal and court cases
• criminal court cases

The FCDO describe administrative tribunals as tribunals that ‘hear appeals against decisions made by government departments or agencies’, which does not apply to Social Work England.

Social Work England are not a civil or commercial tribunal. Civil or commercial tribunals include (any of the following):

• Employment Tribunal and Appeal Tribunal
• First-Tier Tribunal (Property Chamber)
• Upper Tribunal (Lands Chamber)

The FCDO also provides a list of individual websites for tribunals that are considered as administrative tribunals. Social Work England (or any other healthcare regulator) is not included on this list.

Given the above, we take the view that the guidance does not apply to our tribunals.

Approach to be taken by Social Work England

Social Work England will not be seeking permission from the FCDO if social workers or witnesses intend to give oral evidence from abroad. However, we will continue to encourage witnesses to be in attendance in the UK to give evidence due to time zone considerations and to ensure we can provide technical assistance and support if needed.