Joanna Cherry KC appointed as senior counsel in Winter Fuel Payment legal challenge

Joanna Cherry KC has been appointed as the senior counsel in the legal challenge against scrapping the Winter Fuel Payment.  

The former SNP MP, who returned to practice as a KC after losing her seat at Westminster at the general election in July, will represent Peter and Florence Fanning in their legal bid to force the UK and Scottish governments to reverse the planned cuts.

The pensioners raised proceedings in September with the help of the Govan Law Centre (GLC) and the Alba Party.  

The proceedings followed the UK Government’s announcement in August that only pensioners in receipt of pension credit or another means-tested benefit will receive the payment. 

The Scottish Government later cut the payment, saying it was not able to support it without funding from the UK Government.  

The previously universal Winter Fuel Payment gave all pensioners an annual sum of £200 or £300 to help with heating bills.  

Cherry will be joined by the GLC’s Mike Dailly as junior counsel. Rachel Moon, a partner at the GLC, has been appointed as instructing solicitor and will be supported by Lorna Walker and Charis Brooks.  

The Court of Session in Edinburgh granted permission for the judicial review last week. It asks the court to rule whether the decision was unlawful.  

If the Fanning’s challenge is successful, it could see the restoration of the payment as a universal benefit for pensioners.  

A procedural hearing has been assigned for 4 December and a substantive hearing fixed for 15 January next year.

Peter Fanning told the media last month at a press conference: “Florence and I feel strongly about the issue. We are of modest means and we will greatly miss the allowance. We are also aware that many others are worse off than ourselves. We are angry that pensioners should be the first recourse of cutbacks and outraged that the health of many people will be jeopardised by the withdrawal of this money and a further 10 per cent rise in energy bills this winter.

“Florence and I were instrumental in setting up local food courts and credit unions in our area when we were volunteers, we still are volunteers. We are well aware of how tough things are for the many households who have to count every single penny. The fact those decisions are being made by politicians who will never have to worry about turning on their heating makes matters even worse.

“We intend to sue both the London and Scottish governments since both are guilty, through action and inaction, of damaging the welfare of pensioners.”