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The Independent
13-06-2025
- Politics
- The Independent
Pensioners who challenged winter fuel payment decision in court lose case
A pensioner couple have lost their legal challenge over government decisions to cut the winter fuel payment (WFP) and its Scottish equivalent. Peter and Florence Fanning, from Coatbridge, North Lanarkshire, raised the petition in the Court of Session in Edinburgh following the announcement last July from Chancellor Rachel Reeves of plans to cut the allowance. The couple lost their entitlement to the financial assistance and became worried about their ability to afford their heating bills. They brought the legal action with the help of ex-SNP MP Joanna Cherry KC, who represented them as senior counsel. In April 2024, the provision of a winter fuel-related payment was devolved to Scottish ministers who proposed a new benefit – the pension age winter heating payment (PAWHP) – causing an adjustment to the block grant funding provided to the Scottish Government by the UK Government. Scottish ministers proposed the payment would be universal, and not means-tested. After Labour swept to power at Westminster in July 2024, Ms Reeves announced the WFP would no longer be available to those not in receipt of pension credit or other means-tested benefits, resulting in a reduction to the block grant estimated to be around £160 million. The court heard Scottish ministers considered they had no option but to replicate the decision of the UK Government with regards to the PAWHP. The Fannings, who received the WFP in 2023 but were not eligible for PAWHP in 2024, challenged both decisions, claiming neither government had considered the Equality Act 2010 and had both 'failed to consult' with pensioners. They sought to quash the decisions of both governments, and sought a finding they both acted in a way which was 'irrational and unreasonable'. The Fannings also sought a finding that both decisions were unlawful under the Human Rights Act 1998. However, Judge Lady Hood rejected all six requests. In a U-turn earlier this week, the UK Government announced the vast majority of pensioners in England and Wales will again receive the winter fuel payment this winter, and the Scottish Government said it is 'working through the options' in the wake of that decision. In her decision, published on Friday, Lady Hood found neither government had failed to exercise their duties under the Equality Act 2010, and neither government was under a duty to consult. She also held the decisions were neither 'irrational nor unreasonable' and did not breach the Human Rights Act 1998, and she ruled they were 'in pursuit of a legitimate aim'. In a written judgment, Lady Hood said: 'In this case, the decision which each respondent faced as to whether the payment of WFP, or PAWHP, should be made on a universal or means-tested basis fell within the field of socioeconomic policy. 'It was a policy decision involving questions of the allocation of resources, and practical and political assessments that this court would not be well-placed to judge. 'That the policy decisions could result in hardship for those falling on one side of a brightline rule is not enough to render it irrational in the legal sense.' Lady Hood said: 'The petitioners asserted that elderly people suffering from disabilities rendering them vulnerable to cold temperatures constituted a group in our society which has suffered considerable discrimination in the past… However mere assertion is not enough to bring a group within that definition, and the petitioners did not sufficiently demonstrate to the court that this cohort of the population did do so.' She added that 'in the absence of any evidence of past widespread discrimination against elderly persons by the government having been put before the court by the petitioners, the categorisation could not be applied to elderly people as a cohort'. The petition was refused on all grounds. Lady Hood wrote: 'In respect of each of the respondents, the rules as to eligibility for payments of WFP and PAWHP were set out in terms of the legislation implementing the respective respondents' policy decisions. 'In these circumstances, and standing the decision reached above on the public sector equality duty and the issue of consultation, the schemes are in accordance with law. 'They are in pursuit of a legitimate aim.' Lady Hood's judgment concluded: 'I shall therefore repel the petitioners' first to eighth pleas‑in‑law, and refuse the petition.' The Govan Law Centre, which acted for the couple, said the pensioners should be 'commended for their courage in pursuing this litigation'. A spokesperson added: 'While our clients have lost their case, we have no doubt that this has been influential in securing the partial U-turn made by the Scottish Government last November and the major policy U-turn confirmed by the UK Government earlier this week. 'We hope the Scottish Government will now restore the pension age winter heating payment in full for people such as our clients. 'Even had the petitioners won, the most the court could have done would have been to order each government to go back to the drawing board to reconsider the cuts. The fact they have already reconsidered vindicates our clients' decision to bring litigation.'
BBC News
13-06-2025
- Business
- BBC News
Scottish couple lose legal challenge of winter fuel payment cuts
A couple have lost a bid to sue the UK and Scottish governments over the decision to cut winter fuel Peter and Flo Fanning, from Coatbridge in North Lanarkshire, took their case to the Court of Session in Edinburgh in March, alleging that both governments failed to adequately consult with those of pension age and did not release an equality impact assessment on the Court of Session ruled to refuse the petition on couple's lawyers have said they have no doubt the Fanning's litigation had been influential in securing U-turns by both governments. A spokesperson from the Govan Law Centre told BBC Scotland News: "While our clients have lost their case at first instance, we have no doubt that this litigation has been influential in securing the partial U-turn made by the Scottish government last November and the major policy U-turn confirmed by the UK government earlier this week."We hope that the Scottish government will now follow suit and restore the winter fuel payment in full for people such as our clients."Earlier this week, the UK government abandoned plans to withdraw the payments from all but the poorest pensioners after the scheme drew widespread Scottish government had already launched its own winter fuel benefit in response to the original cuts which included extra support for those less well-off, but also a universal payment which is unaffected by Govan Law Centre added the legal challenge "was always one of process" and the fact the UK government has already reconsidered the cuts "vindicates" their said that an appeal would have "reasonable prospects of success" but added it is unlikely that legal aid would be provided for this. What's happening with winter fuel payments? About 10 million pensioners in England and Wales lost their allowance under new measures announced by chancellor Rachel Reeves in July last on pension credit or certain other means-tested benefits retained the annual payments, worth between £100 and £ Scotland, the payment was devolved to Holyrood in April 2024, but the Scottish government followed the actions of their counterparts in Westminster in terminating it in August 2024, arguing £160m had been taken from its budget.A new alternative, called the Pension Age Winter Heating Payment (PAWHP), was due to be introduced the following month, but that has since been pushed back to winter will also be means-tested, despite ministers claiming it would not Justice Secretary Shirley-Anne Somerville recently said the universal approach of the devolved Scottish scheme was important - but that wealthier pensioners would be made aware that they could opt current plan is for all pensioner households to receive at least £100 regardless of income, while those on pension credit will receive up to £305 depending on the devolved government in Northern Ireland also followed suit, but affected pensioners were given a one-off £100 payment from Stormont in November.
The National
10-06-2025
- Sport
- The National
Why Scotland's win over minnows still augurs well for World Cup bid
Beating Liechtenstein, a landlocked microstate which is sandwiched in between Austria and Switzerland in the European Alps and has a population of little over 40,000 people, will have little if any bearing on the national team's World Cup qualifying campaign. Only Turks and Caicos Islands, British Virgin Islands, US Virgin Islands, Anguilla and San Marino are placed below the soccer minnows in the FIFA World Rankings. The victory was, to put it bluntly, akin to defeating Coatbridge. Failing to prevail in their final outing before qualifying gets underway would have been, to borrow a phrase made famous by the late, great STV commentator Arthur Montford, a disaster for Scotland. This country's opening Group C opponents Denmark will, it is safe to say, provide a far sterner challenge in Copenhagen in September and so will Belarus and Greece thereafter. Read more: Al of that said, this comfortable four goal win was warmly welcomed for a variety of reasons. For a start, it enabled the national team to put the woeful displays and dire results in their last two outings against Greece back in March and Iceland on Friday night behind them and finish what has at times been a difficult season on a positive note. The Tartan Army footsoldiers who had made the journey to Liechtenstein enjoyed their evening in the picturesque and sun-drenched ground greatly and will travel back home in fine spirts and with high hopes for the challenges which lie ahead. There were certainly none of the boos or jeers which were aimed in the direction of manager Steve Clarke by an incensed and disgusted crowd at Hampden last week when it was all over. Scoring not once, not twice, but three times will have lifted Che Adams no end as well. Yes, the opposition was limited to say the least. However, strikers feed off goals and the Torino man had gone over a year without netting for his country. His previous strike had come in the Euro 2024 warm-up game against Gibraltar in Portugal last June. He will have been buoyed enormously by his hat-trick. His opener was his seventh at international level and drew him level with Gordon Durie, John Wark, Robert Snodgrass, Billy Dodds, Andy Gray and Joe Harper in the scoring charts. His next moved him alongside Archie Gemmill, Billy Liddell, John Robertson Snr, Bob McPhail and Ralph Brand. His final effort saw him join Paul McStay, Kevin Gallacher, Joe Jordan, Davie Wilson, Tommy Walker and Ian St John. That is exalted company indeed. (Image: Craig Williamson - SNS Group) The visitors made no fewer than six substitutions during the course of the 90 minutes. But the former Southampton player remained on for the duration. For obvious reasons. His manager was keen for his first choice marksman to claim a hat-trick. He did so in the second minute of injury time with just seconds remaining when he nodded a Connor Barron cutback in. He became the first Scotland player to score three times in one game since John McGinn did so against San Marino back in 2019. One of the most memorable goals that Adams, who has had an excellent debut season in Italy, has scored in a dark blue jersey came against Denmark in a Qatar 2022 qualifier in Glasgow back in 2021. He will fancy his chances of adding to his tally against the top seeds in the section in a few months after this morale-boosting runout. George Hirst will not be short of self-belief either if he is given the nod by Clarke in the meeting with the Scandinavians. The Ipswich Town man was perhaps the only Scotland player who received pass marks during the sorry Iceland debacle. He once again showed why he had been preferred to his more experienced compatriot in attack with a bright and intelligent display. Hirst revelled in the 4-4-2 formation which his manager switched to and opened his account for his adopted homeland in the second half following good work by Anthony Ralston and Adams. The latter flicked on a cross with his head and the striker buried it from close range. It was just his fourth appearance for his country. Read more: It was a classic poacher's effort. Still, he was in the right place at the right time and there is a knack in that. His personal showing, then, augurs well for the future. So too did the fact that Tommy Conway of Middlesbrough came on and got more game time in attack and Kieron Bowie of Hibernian joined him. Bowie was one of no fewer than five debutants. Ross Doohan, the Aberdeen keeper who looks poised to join Celtic this summer, was only called up at the weekend in the wake of the injuries which Angus Gunn and Robby McCrorie suffered on Friday night. He had next to nothing to do. Still, he will have benefitted from the experience. So will Barron of Rangers, Andy Irving of West Ham, Josh Doig of Sassuolo. (Image: Craig Williamson - SNS Group) Lennon Miller of Motherwell made his bow for Scotland against Iceland. But he started next to Billy Gilmour in the centre of midfield and acquitted himself maturely. He set up his side's second when he pinched the ball off of Nicolas Hasler on the edge of the Liechtenstein penalty box and fed Adams ahead of him. It was also encouraging to see Nathan Patterson, who has had such a torrid time of it with injuries since moving to Everton, take over from Ralston and add to his haul of caps. He has been a potent weapon for his country in the past and can be so again if he can get a run of games for his club. It was, it should not be forgotten, only Liechtenstein. But anyone who can remember the narrow and nail-biting Euro 2012 wins over them in 2010 and 2011 will have been relieved by the ease with which the away triumph was secured. It gives Scotland fans a glimmer of hope for the future.
The Herald Scotland
10-06-2025
- Sport
- The Herald Scotland
Why Scotland's win over minnows still augurs well for World Cup bid
Only Turks and Caicos Islands, British Virgin Islands, US Virgin Islands, Anguilla and San Marino are placed below the soccer minnows in the FIFA World Rankings. The victory was, to put it bluntly, akin to defeating Coatbridge. Failing to prevail in their final outing before qualifying gets underway would have been, to borrow a phrase made famous by the late, great STV commentator Arthur Montford, a disaster for Scotland. This country's opening Group C opponents Denmark will, it is safe to say, provide a far sterner challenge in Copenhagen in September and so will Belarus and Greece thereafter. Read more: Al of that said, this comfortable four goal win was warmly welcomed for a variety of reasons. For a start, it enabled the national team to put the woeful displays and dire results in their last two outings against Greece back in March and Iceland on Friday night behind them and finish what has at times been a difficult season on a positive note. The Tartan Army footsoldiers who had made the journey to Liechtenstein enjoyed their evening in the picturesque and sun-drenched ground greatly and will travel back home in fine spirts and with high hopes for the challenges which lie ahead. There were certainly none of the boos or jeers which were aimed in the direction of manager Steve Clarke by an incensed and disgusted crowd at Hampden last week when it was all over. Scoring not once, not twice, but three times will have lifted Che Adams no end as well. Yes, the opposition was limited to say the least. However, strikers feed off goals and the Torino man had gone over a year without netting for his country. His previous strike had come in the Euro 2024 warm-up game against Gibraltar in Portugal last June. He will have been buoyed enormously by his hat-trick. His opener was his seventh at international level and drew him level with Gordon Durie, John Wark, Robert Snodgrass, Billy Dodds, Andy Gray and Joe Harper in the scoring charts. His next moved him alongside Archie Gemmill, Billy Liddell, John Robertson Snr, Bob McPhail and Ralph Brand. His final effort saw him join Paul McStay, Kevin Gallacher, Joe Jordan, Davie Wilson, Tommy Walker and Ian St John. That is exalted company indeed. (Image: Craig Williamson - SNS Group) The visitors made no fewer than six substitutions during the course of the 90 minutes. But the former Southampton player remained on for the duration. For obvious reasons. His manager was keen for his first choice marksman to claim a hat-trick. He did so in the second minute of injury time with just seconds remaining when he nodded a Connor Barron cutback in. He became the first Scotland player to score three times in one game since John McGinn did so against San Marino back in 2019. One of the most memorable goals that Adams, who has had an excellent debut season in Italy, has scored in a dark blue jersey came against Denmark in a Qatar 2022 qualifier in Glasgow back in 2021. He will fancy his chances of adding to his tally against the top seeds in the section in a few months after this morale-boosting runout. George Hirst will not be short of self-belief either if he is given the nod by Clarke in the meeting with the Scandinavians. The Ipswich Town man was perhaps the only Scotland player who received pass marks during the sorry Iceland debacle. He once again showed why he had been preferred to his more experienced compatriot in attack with a bright and intelligent display. Hirst revelled in the 4-4-2 formation which his manager switched to and opened his account for his adopted homeland in the second half following good work by Anthony Ralston and Adams. The latter flicked on a cross with his head and the striker buried it from close range. It was just his fourth appearance for his country. Read more: It was a classic poacher's effort. Still, he was in the right place at the right time and there is a knack in that. His personal showing, then, augurs well for the future. So too did the fact that Tommy Conway of Middlesbrough came on and got more game time in attack and Kieron Bowie of Hibernian joined him. Bowie was one of no fewer than five debutants. Ross Doohan, the Aberdeen keeper who looks poised to join Celtic this summer, was only called up at the weekend in the wake of the injuries which Angus Gunn and Robby McCrorie suffered on Friday night. He had next to nothing to do. Still, he will have benefitted from the experience. So will Barron of Rangers, Andy Irving of West Ham, Josh Doig of Sassuolo. (Image: Craig Williamson - SNS Group) Lennon Miller of Motherwell made his bow for Scotland against Iceland. But he started next to Billy Gilmour in the centre of midfield and acquitted himself maturely. He set up his side's second when he pinched the ball off of Nicolas Hasler on the edge of the Liechtenstein penalty box and fed Adams ahead of him. It was also encouraging to see Nathan Patterson, who has had such a torrid time of it with injuries since moving to Everton, take over from Ralston and add to his haul of caps. He has been a potent weapon for his country in the past and can be so again if he can get a run of games for his club. It was, it should not be forgotten, only Liechtenstein. But anyone who can remember the narrow and nail-biting Euro 2012 wins over them in 2010 and 2011 will have been relieved by the ease with which the away triumph was secured. It gives Scotland fans a glimmer of hope for the future.
BBC News
09-06-2025
- BBC News
Bannerman High teacher struck off after pupils saw her explicit OnlyFans page
A former physics teacher whose sexually explicit OnlyFans profile was seen by school pupils has been struck Buchan, from Coatbridge in North Lanarkshire, posted pictures of herself using the pseudonym Jessica Jackrabbit, and described herself as a "good teacher gone bad" with a "sexy tight body".She advertised the paid-for page using Instagram, which pupils could see, after being cautioned by her headteacher about her "poor judgement" on social media General Teaching Council for Scotland (GTCS) found that Ms Buchan had failed to conceal her identity and profession, and that her behaviour lacked integrity. Solicitor and presenting officer for the GTC, Gary Burton, said Ms Buchan had "used her profession as a selling tool", appeared to have justified her actions in newspaper interviews and that Bannerman High School was "now synonymous with having an OnlyFans teacher".Ms Buchan, who resigned from her post in December 2022 following complaints, declined to appear at or give evidence to the hearing. Headteacher Seonaidh Black told the hearing that Ms Buchan – a former pupil of the Baillieston school - was a "bubbly and enthusiastic" person who "wanted to do a good job".On a "couple of occasions", Ms Black said Ms Buchan was not clear on boundaries with pupils – clarifying that she was not referring to any inappropriate relationships, but that Ms Buchan's social media accounts were "open where pupils could access them".The headteacher said she addressed these issues with Ms Buchan through informal conversations. "I wanted to make sure it was nipped in the bud," she hearing heard that in November 2022, Ms Buchan was signed off from work due to stresses in her personal that month, Ms Black said a deputy headteacher showed her screenshots, either of Ms Buchan's OnlyFans page or social media - she could not tell said her colleague told her these images had been seen by pupils in S5 or male pupils later asked Ms Black "have you heard the news?" adding "look out for Jessica Jackrabbit". Ms Black said it was "obvious everyone knew what was going on". The headteacher attempted to contact Ms Buchan following talks with HR, but was said the following day, she received an email that appeared to have been written by a parent from a pupil's email account, which included photos of Ms Buchan topless and in lingerie from her OnlyFans the same time, staff at the school were taking part in strikes over pupil behaviour. Ms Black said the timings of the revelations about Ms Buchan's OnlyFans page were "coincidental or perhaps deliberate".She said: "The OnlyFans thing happened two days before teachers were on a picket line at the school gate."Ms Buchan submitted her resignation in December 2022, shortly before her sick line was due to expire."This along with the industrial action happening at the same time has had a huge impact on our school," said the Black said the school had tried to make sure young people felt "valued for who they are, not thinking everything is about what's on show on social media".She said: "What doesn't help is when your teacher is on a website where the content they are presenting has a pornographic element to it. We're trying to say 'this is what life is all about' and the role model – the teacher – is countering what we're trying to teach."Ms Black added it would be "a long time before the situation involving Kirsty is no longer talked about". The hearing heard that Ms Buchan had given a number of interviews to the Daily Record newspaper, where she said she was able to make £50,000 per year through a video interview, played to the panel, she said it was "the definition of insanity" for her to be working long hours as a teacher when she could make more money to "sit on her behind"."If people have a problem then it's because they can't do it themselves," she GTCS also heard evidence from investigating officer Hannah Oakley, who said members of the public could access a limited section of Ms Buchan's OnlyFans profile without having to sign up or said she herself was able to do this as there had been a number of press articles about Ms Buchan's online activity which included screenshots of her OnlyFans profile name."I knew exactly what I was looking for and where I was looking for [it]," she GTCS found that all allegations against Ms Buchan had been proven and decided that she should be struck off on Monday Burton said there had been "significant blurring between her private and her professional life", that she had shown "zero insight into her conduct" and that she had failed to act as a role recommended that it should be two years before she can reapply for teacher carried out its own investigation into the matter, Glasgow City Council said: "The council has a code of conduct that all employees should adhere to and a teacher who has actively pursued a second income on this type of website brings their school, the council and their profession into disrepute."
