Two pensioners are trying to take the Scottish and UK governments to court over cuts to their winter fuel payments.
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, brought proceedings against the Scottish Government and the UK Secretary of State for Work and Pensions over the policy, with the help of the Govan Law Centre.
Following Labour’s election victory, Chancellor Rachel Reeves announced that the previously universal winter fuel payment would only be given to those with pension credits or other means-tested benefits due to financial hardship this year.
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The decision prompted the Scottish Government, which was to have taken control of a similar payment through the devolved Scottish Social Security Agency, but has since announced a delay, to follow suit.
Judicial review raised in the Supreme Court now requires the judge’s approval to proceed to a hearing on the merits; Govan Law Center aims to expedite both the case and the legal aid application to ensure a decision can be made. It will be delivered before winter comes.
The lawsuit asks the court to decide whether the decision was unlawful; This would allow the petitioners to ask the court to cancel the policy and refund everyone their winter fuel payments.
Speaking at a press conference in Edinburgh on Thursday, Mr Fanning, 73, said: “We plan to sue both the London and Scottish governments because they are both guilty of harming the welfare of pensioners through action and inaction.”
“We hope to succeed given the clear injustice, but my work as a trade unionist and shop steward has taught me that some battles are worth fighting, regardless of the outcome, and I believe this is one such battle.”
The argument of the case is based on accusations that both governments failed to adequately consult retirement age people about the change and failed to publish an equality impact assessment of the changes.
A freedom of information request revealed that a shortened version of such an assessment was carried out by the Department for Work and Pensions (DWP); The UK Government argued that a full study was not necessary.
Former first minister and current Alba Party leader Alex Salmond was instrumental in getting the Fannings to contact the Govan Law Center before the case was filed.
Speaking at Thursday’s press conference, Mr Salmond said everyone in Scotland “should be grateful” to Fannings for bringing forward the action that should have been taken forward by the Scottish Government in the first place.
Pointing to Labor analysis in 2017 that suggested 4,000 people could die if winter fuel payments were cut, Mr Salmond said such a figure was made public.
He added: “The Scottish Government should have challenged this rather than meekly accepted it.
“They should have stood up for pensioners and the public rather than meekly towing the line from Westminster.”
The former prime minister added that losing the case would be the “greatest humiliation” for governments: “I wonder if the ability of the health services in Scotland and England to deal with the health impacts of this incident is as bad as the humiliation. What are they doing?”
Rachel Moon, teaching solicitor and partner at Govan Law Centre, said: “It’s very simple, (the government) should have considered this carefully.
“This policy and decisions impact people with protected characteristics, including age and disability, affecting 10 million people.”
Speaking to reporters at Holyrood on Thursday, First Minister John Swinney said: “Obviously, I understand the depth of public concern about the sudden decision to remove £160 million from our budget and scrap universal winter oil heating payments.
“The harsh reality I have to face is that it has been suddenly removed from our budget and we need to take action to live within the financial resources we have.
“Because by law, I am legally obliged to balance the budget and live within the means available to the Government.”
Asked whether the Scottish Government had fulfilled its legal duty, Mr Swinney said: “I think the Government have taken such action as is necessary and appropriate to live within our resources, given our legal obligations, but these are clearly matters that are now being considered by the courts and we are Of course, we will be involved in this process.”
A UK Government spokesman said: “We are committed to supporting pensioners in this Parliament, who are set to see millions of new state pensions increase by as much as £1,700 through our triple lock commitment.
“Given the difficult state of public finances we inherited, it is right that we target support to those who need it most.
“Over a million pensioners will continue to receive their winter fuel payment, while many others will benefit from the £150 warm homes discount to help with their energy bills over the winter.”