Equality and Human Rights Commission contributes funding to winter fuel payment case

The UK’s independent equality regulator has agreed to make a financial contribution to the civil legal aid contribution in the Scottish winter fuel payment legal challenge. The petitioners’ legal aid contribution has been assessed by the Scottish Legal Aid Board in accordance with the civil legal aid rules.

Earlier this month, Lady Hood assigned two days for the substantive hearing of the judicial review of Fanning and another v. Secretary of State for Work and Pensions and the Scottish Ministers. The case will be heard on Thursday 13th and Friday 14th March 2025, with the original diet of 15 January 2025 serving as a continued procedural hearing if required.

Yesterday, Govan Law Centre (GLC) reported that the trade union RMT and RMT Scotland had supported the petitioners’ case with a donation.

A spokesperson for the Equality and Human Rights Commission said: “The Equality and Human Rights Commission has contributed funding to support this judicial review”.

“As Britain’s impartial equality regulator, the EHRC works to uphold the Equality Act, including the Public Sector Equality Duty. The PSED requires our governments to have due regard for how their decision-making, policy design and the delivery of services might affect people with protected characteristics”.

“The EHRC believes that the court’s decision in this case will provide important judicial guidance on the requirement to assess equality impact.”

The instructing solicitor for the petitioners is Rachel Moon, Partner at GLC, with Laura McDonagh, Partner at Drummond Miller LLP acting as Edinburgh agents. Joanna Cherry KC and Mike Dailly, Solicitor Advocate, appear on behalf of the petitioners.

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