Pensioners fight back against Winter Fuel Payment cuts as elderly couple take Scottish and British Governments to court

A pair of pensioners are looking to take both the Scottish and British Governments to court over their controversial Winter Fuel Payment cuts.

Peter and Florence Fanning, from Coatbridge in North Lanarkshire, have already raised proceedings against the Scottish Government and UK Work and Pensions Secretary Liz Kendall over the upcoming cuts.

Westminster’s decision to pare back the payments – depriving some 10 million pensioners of the extra cash – was also taken up in Holyrood, pending a judicial review.

But the pensioners – supported by the Govan Law Centre – are seeking to fast-track their case in order that a decision can be reached before winter.

Their case asks Scotland’s supreme civil court, the Court of Session, to rule on 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.

At a press conference in Edinburgh earlier on Thursday, Peter 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.

“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.”

Their case’s argument rests on the accusation both administrations failed to properly consult pensioners on the change – and did not release an equality impact assessment on the changes.

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The couple have received support from a certain anti-payment-cuts firebrand, Alex Salmond, the former First Minister and now-leader of the pro-independence Alba Party.

Salmond, who has previously called on current FM John Swinney to sue the UK Government, was instrumental in putting the Fannings in touch with the Govan Law Centre ahead of the action being raised.

He said every person in Scotland “should be grateful” to the couple for bringing forward the action – and accused the Scottish Government of “toeing the Westminster line”.

Salmond said: “The Scottish Government, instead of meekly accepting this, should have challenged it… They should have stood up for pensioners and stood up for the people as opposed to meekly toeing the line that was coming from Westminster.”

The ex-FM added that while it would be “the most enormous humiliation” for the Governments to lose the case, he wondered: “Is that as bad as the humiliation if the health service in Scotland and England can’t cope with the health impacts of what they’re doing?”

John Swinney said: “Obviously I understand the depths of concerns from members of the public about the abrupt decision to remove £160million from our budget and to take away the universal winter fuel heating payments.

“The hard reality that I have to face is that 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, 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 British Government spokeswoman said: “We are committed to supporting pensioners, with millions set to see their full new state pension rise by £1,700 this Parliament, through our commitment to the triple lock.

“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.”