Representatives and supporters
Any party in the appeal can be represented by another person. A representative can be a lay or legal representative. A lay representative can be anyone who the appellant chooses. For example, this could be a friend or family member.
The party should communicate the details of the representative to the Tribunal prior to the hearing (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 9(1)). Where thehe First-tier Tribunal is notified before the hearing that a representative has been appointed, it must notify all the parties to the proceedings (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 9(2)).
Where the First-tier Tribunal receives notice of the appointment of a representative, the Tribunal:
- must give the representative any documents which must be given to the represented party before, on or after the day the Tribunal is notified of the appointment
- may assume that the representative remains appointed unless the Tribunal receives notification that they are no longer the representative
A party can tell the First-tier Tribunal both:
- that they will be represented by a representative
- who the representative is in advance of the hearing, but they are not required to do so.
If there is a change, a party can decide to be represented by a different person at the hearing. This is even if they have shared the details of another representative with the First-tier Tribunal (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 9(4)).
A party who is an individual can also bring a person along to the hearing to act as a supporter (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 10). The supporter can be a different person to the representative. The supporter can be anyone the individual chooses, for example a friend, a family member or a work colleague.
Example: an individual can have a representative and a supporter
Juri is appealing the re-determination made by Social Security Scotland on his review of Scottish Adult DLA. Juri hires a solicitor to represent him in the appeal.
The First-tier Tribunal holds an oral hearing to decide the appeal. At the hearing, Juri is represented by the solicitor who speaks on his behalf. Juri also brings along his niece Hanna to be his supporter at the hearing.