Unite launches judicial review process over cut

Members have voiced their support for Unite taking action, by launching a judicial review process on behalf of the union and its retired members, to overturn the government’s decision to cut the winter fuel payment to all but the poorest pensioners.

Unite has sent a pre-action protocol letter to Liz Kendal the secretary of state at the Department for Works and Pensions (DWP), requesting the government reverse the removal of the Winter Fuel Payment and repeal the regulations introduced in August 2024.

Unite believes that the government has acted unlawfully and its action will have a terrible effect on millions of older people in society and will likely cause an increase in cold related deaths.

The pre-action notice was submitted on 29 October. The government has been given until 7 November to respond to the letter and reverse its decision. If it does not reverse its decision then Unite will seek leave of the High Court to mount a full judicial review.

Unite general secretary Sharon Graham said: “People do not understand, I do not understand how a Labour government has taken away the fuel allowance of millions of pensioners just as winter approaches.

“Given the failure to rectify this in the budget, Unite has now commenced judicial review proceedings challenging the legality of the policy.
“It is not too late for Labour to register the hurt that this cruel policy has caused, step back from picking the pockets of pensioners and do the right thing.”

Colin Hampton is from the Chesterfield & North Derbyshire Unite Community Branch and is Chair of Unite4Energy for All campaign.

Colin said: “The ending of the Winter Fuel Allowance comes on top of the massive increases in energy bills for our Community Members. The impact, particularly on those with health conditions and disabilities, will only cause more harm to members who were hoping that the Government would tackle the profiteering energy providers and the regulator that acts on the company’s behalf by protecting the rigged market.

“We welcome the judicial review, as even an elected government cannot act outside the law.  We must turn up the heat on the politicians and our members will be doing that in the run up to Christmas.  Throughout the towns and cities of the country Unite Community will be visible taking out the message that cold homes kill!”

Unite is challenging the removal of the Winter Fuel Payment on several grounds including:
•    The government had a legal duty to refer the cut to the Social Security Advisory Committee. Its failure to do so makes the regulations void.
•    The government should have gathered considerable evidence about the policy on the impact of the cut, meaning that the decision is irrational.
•    Under the Equality Act there is a Public Sector Equality Duty to consider the impact of the decision particularly on the disabled who have higher heating costs.
•    The requirement to take into account relevant considerations has been breached, including relating to fuel poverty and financial circumstances of those living just above the pension credit threshold.
•    In Wales there is a specific legal duty to consider the full impact of the policy, this was ignored
•    The Human Rights Act requires particular areas of vulnerability to be taken into account, which could include the impact of the policy on older people, those with a disability and potentially on race.