Your hearing

 

You have choices as to how you want your appeal to proceed. There are alternatives. 

Firstly oral hearings - 

An oral hearing would involve you and your client/representative talking to a tribunal. The tribunal will consist of a Convener, who is a lawyer, a medical member and a disability qualified member. The tribunal will enable you to discuss your grounds of appeal. 

There are three types of oral hearing available to you to take part in: 

  • A teleconference hearing would involve you speaking to the tribunal on the telephone.
  • A videoconference hearing would involve you speaking to the tribunal on a video call.
  • An in-person hearing would involve you speaking to the tribunal at one of our hearing venues. There are venues throughout Scotland. 

You are entitled to be represented at all these types of hearings, and to be accompanied by relatives or friends for support. Representation can be provided by welfare rights organisations such as Citizens Advice Bureau and local authority advice centres. A representative from Social Security Scotland may also attend an oral hearing. 

Secondly a determination based on the papers –

If you would prefer not to take part in an oral hearing, the appeal can be decided as determination on the papers. This means the tribunal will look at the documents that have been lodged by you/your representative and Social Security Scotland and make a decision based on those.

You should submit any evidence you have before the oral hearing takes place and you can do that by using the postal address here or by emailing copies to sscadmin@scotcourtstribunals.gov.uk.

This mailbox has an automated response and we cannot respond to requests for advice or general enquiries.

 

What happens at a hearing?


Adult Disability Payment appeals and Child Disability Payment appeals will be heard by three members of the chamber; a legally qualified member who is the Convener, a medically qualified member and a disability qualified member.

If you are attending an in-person oral hearing we will try to arrange the hearing at a location convenient to the person who is appealing the decision.

You can bring someone to support you, such as a family member or friend, and/or have a representative at the hearing. More information about this is available at Support and Assistance.

If you participate in the oral hearing and we encourage you to do so:

The hearing will not be very formal. The tribunal is not a court.

You will have the opportunity to explain the reasons for your appeal. You will be asked questions about your appeal by the tribunal members.

We will record the hearing but the recording is only for the use of the tribunal.

Social Security Scotland may also be at the hearing. They may also ask you questions. They are not part of the tribunal and have no input into the final decision which is for the tribunal members alone.

The outcome decision may be given to you at the time or more likely sent out after the hearing.

The Social Security Chamber is independent and impartial.

If you require support, for example, an interpreter or use of a hearing loop you should request this when you make an appeal. The hearing may be delayed otherwise. 

 

 

Taking oral evidence from persons located overseas in tribunal proceedings

 

SCTS would be grateful if parties who wish to lead evidence from witnesses located outside of the UK in The First-Tier Tribunal for Scotland, Upper Tribunal for Scotland, The Mental Health Tribunal for Scotland, The Pensions Appeals Tribunal and The Lands Tribunal for Scotland could assist with the following request. 

Effective 05 January 2026 – Guidance applies only where the witness does not agree to provide 
evidence voluntarily. Where a witness agrees to give evidence voluntarily, guidance can be 
disregarded.

1. This guidance sets out the steps to be taken when a party to tribunal proceedings proposes to 
lead oral evidence from themselves or a witness situated in a country outside of the UK via video 
or telephone.

2. This guidance applies to the taking of oral evidence, whether that is taken by telephone or 
video. This applies to new oral evidence and/or the party/witness present at the hearing confirming 
evidence already submitted in another form, i.e. written.

3. It is the responsibility of the party/party calling the witness to ensure that permission is 
obtained by the tribunal in advance of a hearing (s) at which the evidence is to be led.

4. If a party wishes to lead oral evidence (whether that is by telephone or video) or lead oral 
evidence from a witness located in a country outside the UK, they should make tribunals 
administration aware of this as soon as they become aware of the need for themselves or that 
witness to give evidence from outside the UK*. The party should clarify whether they or the 
proposed witness is a citizen or a resident in that country (this information will be required in 
the event that the country gives permission on a case-by-case basis).

5. If a party fails to provide advance notification that they wish to lead oral evidence themselves 
or from a witness located in a country outside the UK, then it may follow that the hearing may 
require to be adjourned to allow the correct process to be followed, or it may follow that the 
witness will be unable to provide oral evidence at the hearing.

6. If you wish to lead oral evidence yourself or from a witness (either by telephone or video) 
located in a country outside of the UK, you must seek approval by:

a. Contacting your tribunals administration team – SSCAdmin@scotcourtstribunals.gov.uk 
b. Confirming that you have a witness, or yourself as a party to the tribunal hearing, who will be 
providing oral evidence from outside of the UK
c. Clarifying if the witness or party is a citizen or resident of that country

7. The tribunals administration team will later confirm if permission has been granted – 
arrangements will be taken forward for the person to give evidence using video or telephone 
conferencing technology, provided that the tribunal operational staff and the tribunal member (s) 
presiding over the proceedings are content that the evidence of that party or
witness should be led in this way for these proceedings.

8. The tribunals’ administration team will later confirm if permission has not been granted – the 
party will need to consider an alternative course of action, for example whether the party or 
witness can travel to the UK or elsewhere to give evidence in person or to provide their evidence 
in a written format.