Hearings

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) 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 (paragraph 25). The individual and Social Security Scotland are also known as the parties (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) rule 23(1)) (paragraph 25).

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 party has been told about the hearing
• reasonable steps have been taken to tell the party about the hearing (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure (rule 27(a))

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) rule 27(b)):

The First-tier Tribunal usually holds hearings in public (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 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:

• 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 (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) rule 26(4))