Archived press release

Government fuel poverty failure escapes legal reprimand

23 October 2008

GOVERNMENT FUEL POVERTY FAILURE ESCAPES LEGAL REPRIMAND

• Photos of an action illustrating this story are available at: http://www.foe.co.uk/resource/images/fuel_poverty/

The High Court has ruled that the Government has not broken the law by failing to keep homes warm, despite allowing the number of households in fuel poverty to reach the highest level in ten years.

The decision came after Friends of the Earth and Help the Aged took the Government to court in early October - challenging its failure to meet its legal obligation to do everything reasonably possible to eradicate fuel poverty.

The result reveals a huge loophole in the law - the Court ruled that the Government only needed to spend money already allocated to fuel poverty and that, despite the growing scale of the problem, it was allowed to decide that other measures would not be reasonably practicable .

The Court also ruled that the Government's duty was simply to implement its fuel poverty strategy, but didn't comment on the quality of the strategy. In fact, the Government's fuel poverty strategy is out of date and never set out a costed plan to help all households struggling to heat and power their homes.

Friends of the Earth and Help the Aged will now put pressure on the Government to revise its fuel poverty strategy, to include a far more effective and comprehensive programme of domestic energy efficiency - to simultaneously end suffering from fuel poverty and help tackle climate change.

Friends of the Earth's Head of UK Climate Ed Matthew said:

"The High Court's decision reveals a huge loophole in the legal protection for people in fuel poverty - big enough for millions of households to fall through.

"The Government may have escaped legal reprimand, but it's not off the hook - it still faces the judgment of the five million UK households suffering in fuel poverty today.

"We need a proper plan that makes sure that every home struggling to keep warm is properly insulated - this will lift people from fuel poverty and cut carbon emissions at the same time."

Mervyn Kohler, Special Adviser for Help the Aged, says:

"Despite today's verdict, the Government is still obliged to end the suffering of the fuel poor - both legally and morally. It cannot afford to rest on its laurels while millions of older people are forced to choose between heating their homes and eating a meal.

"Although the Government has been given a technical let-off, it cannot sit by while the number of people in fuel poverty escalates out of control. In times of crisis, people look to the Government for help - it must throw them a lifeline instead of allowing them to sink further into despair and anxiety.

"The intention of Parliament to end fuel poverty was very clear in legislation - suffering must not be allowed to continue. Low income households need crisis payments simply to get through the coming winter, but in the longer term, the energy efficiency of our homes must be improved."

ENDS

Notes to Editors

1. The two groups filed for a judicial review - the legal procedure used to challenge public authorities in April 2008.

2. The Warm Homes and Energy Conservation Act 2000 and the Government's Fuel Poverty Strategy require the Government to do everything reasonable practicable to end fuel poverty for vulnerable households by 2010, and for everyone by 2016. Vulnerable households include households containing older people, children and those with disabilities.

3. Energywatch estimated that over 5 million households live in fuel poverty in the UK in 2008. The latest Government figures (released 2 October 2008) for the whole UK are for 2006, when 3.5 million households were in fuel poverty. In 2008 in England alone, the Government estimates that there are 3.5 million households in fuel poverty.

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Help the Aged is the charity fighting to free disadvantaged older people in the UK and overseas from poverty, isolation, neglect and ageism. It campaigns to raise public awareness of the issues affecting older people and to bring about policy change. The Charity delivers a range of services: information and advice, home support and community living, including international development work. These are supported by its paid-for services and fundraising activities - which aim to increase funding in the future to respond to the growing unmet needs of disadvantaged older people. Help the Aged also funds vital research into the health issues and experiences of older people to improve the quality of later life.

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