Scottish verdict on winter fuel payment cut legal challenge championed by Alex Salmond revealed

A pair of Scottish pensioners have taken legal action over the axing of the winter fuel payment

Two Scottish pensioners have been given permission to proceed with their legal challenge against the UK and Scottish governments’ decision to cut the winter fuel payment.

The decision by the Court of Session means the challenge, brought by Peter and Florence Fanning, from Coatbridge, North Lanarkshire, will now proceed to a procedural hearing in December ahead of a full “substantive” hearing in January.

Hide Ad
Hide Ad
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, speaking at a press conference in Edinburgh. Picture: Craig Paton/PA WirePeter and Florence Fanning, of Coatbridge, North Lanarkshire, speaking at a press conference in Edinburgh. Picture: Craig Paton/PA Wire
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, speaking at a press conference in Edinburgh. Picture: Craig Paton/PA Wire | PA

The proceedings were raised with the help of the Govan Law Centre against the Scottish Government and the UK work and pensions secretary following the move to end universal entitlement to the payment.

The decision, which was announced by Chancellor Rachel Reeves following Labour’s election win, led to the Scottish Government – which was due to take control over a similar payment through the devolved Social Security Scotland but has since announced a delay – to follow suit.

The case asks the court to rule whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.

Govan Law Centre said the permission to proceed, which was granted by Lady Hood in Edinburgh on Thursday, means the case has been assessed as having “a real prospect of success” in terms the applicable legislation.

Hide Ad
Hide Ad

A spokesperson for Govan Law Centre said: “Our clients are delighted that the court has granted permission for their judicial review challenge to proceed to a full hearing in early January.

“We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings. If civil legal aid is granted, we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course.”

The case’s argument rests on the accusation that 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.

MSP Richard Leonard said cutting the winter fuel allowance for all pensioners is "wrong". Pic: AdobeMSP Richard Leonard said cutting the winter fuel allowance for all pensioners is "wrong". Pic: Adobe
MSP Richard Leonard said cutting the winter fuel allowance for all pensioners is "wrong". Pic: Adobe

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.

Hide Ad
Hide Ad

The Fannings’ legal action was launched last month with the support of former first minster and Alba Party leader Alex Salmond, who died on October 12.

Following his death, Alex Salmond must not been turned into a standard-bearer for backward-looking, constitutionally obsessive politics that once kept the independence movement at the margins of Scottish life (Picture: Jeff J Mitchell)Following his death, Alex Salmond must not been turned into a standard-bearer for backward-looking, constitutionally obsessive politics that once kept the independence movement at the margins of Scottish life (Picture: Jeff J Mitchell)
Following his death, Alex Salmond must not been turned into a standard-bearer for backward-looking, constitutionally obsessive politics that once kept the independence movement at the margins of Scottish life (Picture: Jeff J Mitchell) | Getty Images

Alba Party acting leader Kenny MacAskill said: “Alba Party very much welcomes this decision. Alex Salmond was a champion of this campaign and had been fully supportive of the Fannings in their case vs the Scottish and UK governments.

“The Scottish Government should have been standing up for Scotland’s pensioners against Westminster cuts, instead they will now be standing shoulder to shoulder with the UK Labour government in court against the pensioners of Scotland.”

Speaking at a press conference at the launch of the challenge, Mr Fanning 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.

Hide Ad
Hide Ad

“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.”

A procedural hearing has been assigned for December 4, with a substantive one-day hearing fixed for Wednesday January 15.

A UK government spokesperson said: “We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1,700 this Parliament through our commitment to the triple lock.

“Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take-up has already seen a 152 per cent increase in claims. Many others will also benefit from the £150 warm home discount to help with their energy bills over winter.”

The Scottish Government has been approached for comment.

Comments

 0 comments

Want to join the conversation? Please or to comment on this article.

Dare to be Honest
Follow us
©National World Publishing Ltd. All rights reserved.Cookie SettingsTerms and ConditionsPrivacy notice