TWO Scottish pensioners have launched a legal challenge against the Scottish and British governments in a bid to stop the attack on the winter fuel payment.
Peter and Florence Fanning of Coatbridge, North Lanarkshire, have teamed-up with the Govan Law Centre seeking a judicial review of the decision to restrict eligibility to people in receipt of pension credit.
The payment had been universal since its 1997 introduction by then Labour chancellor Gordon Brown.
Speaking at a press conference in Edinburgh on Thursday, 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 Fannings argue that the Department for Work and Pensions’ decision to carry out only an abridged impact assessment and the lack of any consultation with pensioners renders the government’s action unlawful.
Speaking at the same press conference, former first minister and current Alba Party leader Alex Salmond, who directed the couple to the Govan Law Centre, said Scotland “should be grateful” that the Fannings were pursuing the case.
But in a swipe at his erstwhile SNP colleagues, he added: “The Scottish government, instead of meekly accepting this, should have challenged it.”
Govan Law Centre partner and instructing solicitor Rachel Moon will urge the Court of Session to expedite proceedings in order to reach a ruling before the winter begins.
“Quite simply, [the government] should have considered this rigorously,” she said.
“This policy and the decisions taken affect those with protected characteristics, including age and disability, and it affects 10 million people.”
First Minister John 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.”
A British government spokeswoman said: “Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most.”
