Couple's bid to sue governments over winter fuel payment

A Scottish couple have launched a legal bid to try to overturn the scrapping of the universal winter fuel benefit for all pensioners.

Peter and Florence Fanning, from Coatbridge, North Lanarkshire, are suing the UK and Scottish governments through the Govan Law Centre.

Chancellor Rachel Reeves had announced the benefit would be means tested from this winter due to a £22m "black hole" she said Labour had inherited from the Conservatives.

The benefit is devolved but the Scottish government said it had to follow suit as £160m had been taken out its budget.

The UK government has been under increasing pressure to reverse the decision, with LibDem leader Ed Davey calling for a Commons vote on the matter and trade unions winning a non-binding vote at the Labour conference to scrap the cuts.

Mr Fanning, 73, said: "We intend to sue both the London and Scottish governments, since both are guilty through action and inaction, of damaging the welfare of pensioners.

"We are hoping to be successful, given the manifest injustice involved, however, my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome - I believe this is one such battle."

The judicial review - which has been raised at the Court of Session - now requires a judge's approval to move to a hearing on the merits.

The Govan Law Centre is seeking to expedite both the case and its application for legal aid to ensure a decision can be handed down before the winter.

Mr and Mrs Fanning are being supported by former first minister Alex Salmond, now leader of the Alba party, who put them in touch with the centre.

The Alba party has been campaigning for reinstatement of the winter fuel benefit.

At a press conference with the couple, Salmond said: “It is unacceptable in energy rich Scotland that our older citizens are afraid to turn on the heating in their own homes.

"This should not be happening. Something should be done about it and Peter and Flo Fanning are doing something about it."

The case asks the Court of Session to rule on whether the decision to scrap the universal benefit was unlawful.

This would allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.

The case's argument rests on the accusation both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.

A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK government arguing a full study was not required.

Rachel Moon, the instructing solicitor and a partner at Govan Law Centre, said: "Quite simply, [government] should have considered this rigorously.

"This policy and the decisions taken affect those with protected characteristics, including age and disability, and it affects 10 million people."

Earlier pensioners gathered outside the Scottish Parliament to protest against the scrapping of the universal payment.

Speeches were given through megaphones amid chants - and several told the BBC they were just over the limit to receive Pension Credit, which would unlock the benefit.

First Minister John Swinney said he understood the depths of concerns from members of the public.

He said: "The hard reality that I have to face is that [£160m] has been removed abruptly from our budget and we have to take action to live within the financial resources available to me.

"Because on the question of the law, I am bound by law to balance the budget and to live within the means available to the government."

Asked if the Scottish government had failed in its legal duty, Mr Swinney said: "I think the government has taken the action that has been necessary and appropriate, given our legal obligations, to live within our resources, but obviously these are issues that are now the subject of consideration by the courts and we will, of course, engage in that process."

A spokesperson for the UK government said it was committed to supporting pensioners and that millions would see their state pension rise by £1,700 this parliament.

They added: "Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most.

"Over a million pensioners will still receive the winter fuel payment, while many others will also benefit from the £150 warm home discount to help with their energy bills over winter.”