Scottish Winter Fuel Payment challenge livestreamed 13th, 14th & 25th March 2025
The petition for judicial review in the case of Fanning and Fanning v the Secretary of State for Work and Pensions and the Scottish Ministers proceeds to a two-day substantive hearing on Thursday and Friday, 13th & 14th March 2025 before Lady Hood in the Court of Session. A third day of substantive argument will now take place on Tuesday, 25 March 2025.
The hearing is being lived streamed by the Court here: https://www.scotcourts.gov.uk/livestream/ from 10am on Thursday, 13th March, Friday, 14th March and Tuesday, 25th March 2025.
Grounds of challenge include a failure to consult and a failure to comply with the public sector equality duty under section 149 of the 2010 Equality Act including undertaking a proper equality impact assessment in relation to cuts to the winter fuel payment and the Scottish equivalent; including compliance with the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 as regards the Scottish Ministers; separately a challenge is made to a failure to properly consult affected persons at common law.
In addition, the petitioners contend that the respondents’ policy decisions, the 2024 Regulations and the Scottish 2024 Regulations were irrational and Wednesbury unreasonable as the respondents knew their decisions would cause significant excess winter deaths and jeopardise the health and lives of vulnerable pensioners across the UK as well as resulting in an estimated additional 100,000 pensioners in relative poverty after housing costs and 50,000 in absolute poverty.
Furthermore, that the policy decisions, the 2024 Regulations and the Scottish 2024 Regulations were unlawful in terms of section 6 of the Human Rights Act 1998 (the “1998 Act”) having regard to the petitioners’ rights as vulnerable pensioners under articles 2 and 8 of schedule 1 of the 1998 Act.
Joanna Cherry KC and Mike Dailly, Solicitor Advocate, appear on behalf of the petitioners. The instructing solicitor for the petitioners is Rachel Moon, Partner at GLC, with Laura McDonagh, Partner at Drummond Miller LLP acting as Edinburgh agents.
Andrew Webster KC and Graeme MacIver, Advocate appear for the first respondent instructed by the Office of the Advocate General for Scotland. James Mure KC and David Welsh, Advocate appear for the second respondent instructed by the Scottish Government’s Legal Directorate.
The petitioners are supported by a grant of civil legal aid from the Scottish Legal Aid Board in terms of the Legal Aid (Scotland) Act 1986, with assistance from the Equality and Human Rights Commission (EHRC) and the trade unions RMT and RMT Scotland.
Scottish Winter Fuel Payment challenge livestreamed 13th, 14th & 25th March 2025
