A Scottish couple has launched a legal challenge to reinstate the universal winter fuel benefit for all pensioners. Peter and Florence Fanning, from Coatbridge, North Lanarkshire, are pursuing legal action against the UK and Scottish governments through the Govan Law Centre.

Chancellor Rachel Reeves had previously revealed that the winter fuel payment, which had previously been available to all, will now be restricted to those receiving pension credit or other means-tested benefits this year because of financial challenges.

Govan Law Centre (GLC) is seeking a ruling on behalf of the Scottish couple from Edinburgh’s Court of Session, Scotland’s highest court, to deem the benefit cuts “unlawful.”

The UK government has faced mounting pressure to reverse the decision, with LibDem leader Ed Davey demanding a Commons vote on the issue, and trade unions securing a non-binding vote at the Labour conference to overturn the cuts.

Mr Fanning, 73, said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction, of damaging the welfare of pensioners.

“We are hoping to be successful, given the manifest injustice involved, however, my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”

A successful case would enable the petitioners to request the court to effectively nullify the policy and reinstate the winter fuel payment for everyone. The argument in the case is based on the claim that both governments did not sufficiently consult with pensioners regarding the change and failed to provide an equality impact assessment on the modifications.

A freedom of information request uncovered that a shortened version of such an assessment had been conducted by the Department for Work and Pensions (DWP), with the UK government asserting that a complete study was unnecessary.