Peter and Florence Fanning will demand that the winter fuel payment cut is reversed

By Lucy Ashton

A pensioner couple have been given the green light to sue both the Scottish and UK Governments over the axing of universal winter fuel payment.

Pensioners Peter and Florence Fanning can now proceed with their legal bid to overturn the decision made by Labour and the SNP.

The elderly couple announced earlier this month that they were taking legal action to ensure that old people get the benefit needed to heat their homes over the winter.

Peter, a retired trade unionist, spoke about his fears that they will freeze as they are just over the threshold for receiving it.

They argued that both governments have failed to adequately consult with those the changes will affect and did not undertake an equality impact assessment on the policy. Chancellor Rachel Reeves announced it during one of her first speeches, with the SNP following suit amid a claim it didn’t have the money to make the benefit universal.

The judicial review required a judge’s approval to move to a full hearing, with this being given on Friday. A hearing at the Court of Session has now been scheduled in January, which comes too late for the benefit to be handed out during the start of winter.

It will revolve around whether the decision to scrap the universal aspect of the winter fuel payment was unlawful, with the Fannings able to ask the court to scrap the policy and restore it if they win. The controversial policy has led to stark criticism of Labour and Sir Keir Starmer with trade unions and opposition parties slating it.

The Fannings announced the court challenge during a press conference with Alex Salmond earlier this month, with Peter speaking about the impact it would have on him and his wife. The 73-year-old said: “I think [winter] is looking bleak because of this.

“Normally we’d have an opportunity to save for things like Christmas or whatever and we wouldn’t worry as much about the winter fuel bill but because it’s been taken off so quickly and so disastrously for us we are really going to suffer this winter and I think it’s going to affect my health.

Ms Reeves axed the universal benefit due to her insistence there was a £22m “black hole” left to Labour by the Tories. The Scottish Government then followed suit as it said that £160m had been taken out its budget. However, Finance Secretary Shona Robison did later admit that it could be funded but won’t due to the complexity of doing so.

The couple were being supported by Mr Salmond who put them in touch with Govan Law Centre who are representing them. The former SNP leader has since died after suffering a heart attack in North Macedonia, but the court case will continue.

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”.

Alba Party Acting Leader Kenny MacAskill said: “Alba Party very much welcome this decision. Alex Salmond was a champion of this campaign and had been fully supportive of the Fanning’s in their case vs the Scottish and UK Government’s. 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.”