The First-tier Tribunal can make a decision on an appeal without holding a hearing, if both the individual and Social Security Scotland agree to this, and the Tribunal considers that it is able to decide the matter without a hearing (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 23(1)).

If there is a hearing, the First-tier Tribunal must tell the individual and Social Security Scotland the time and place of the hearing, at least 14 calendar days before the hearing (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 25 (2)). The individual and Social Security Scotland are also known as the parties.

The First-tier Tribunal can give less notice in urgent or exceptional circumstances, or if the parties consent to having less notice.

The First-tier Tribunal can proceed with a hearing if a party does not attend, but it must be satisfied either that (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 27(a)):

• the party has been told about the hearing
• reasonable steps have been taken to tell the party about the hearing.

The First-tier Tribunal will also consider whether proceeding with the hearing is in the interests of justice (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 27(b)).

The First-tier Tribunal usually holds hearings in public (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 26(1)). However, it can decide to hold a hearing, or part of a hearing, in private. This is if it considers that the restricted access to the hearing is justified in any of the following:

• the interests of public order
• in order to protect a person’s right to respect for their private and family life
• in order to maintain the confidentiality of sensitive information
• in order to avoid serious harm to the public interest
• in order to avoid prejudicing the interests of justice

The First-tier tribunal can decide who is allowed to attend the hearing or part of it. It can exclude from the hearing or part of it anyone (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 26(4)):

• whose conduct the First-tier Tribunal considers is disrupting or is likely to disrupt the hearing
• whose presence the First-tier Tribunal considers is likely to prevent another person from giving evidence or making submissions freely
• where the purpose of the hearing would be defeated by the attendance of that person