Fuel poverty court action dismissed

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Friends of the Earth and Help the Aged accused Government departments of not doing enough to meet their targets for helping millions of vulnerable citizens who cannot heat their homes adequately.

Government lawyers argued at a recent hearing that it was doing its best in the face of dramatic increases in energy prices, and there had been no breach of legal duty.

Mr Justice McCombe, sitting at the High Court in London, dismissed the campaigners' challenge.

Michael Fordham QC, appearing for both groups, said fuel poverty was "a blight upon society". Five million households are expected to be suffering its consequences this winter. It was caused by the interrelation of three factors - fuel prices, household incomes and lack of energy efficiency in homes.

It made a significant contribution to the 20,000 to 40,000 additional deaths in the winter months in the UK and also gave rise to environmental concerns, Mr Fordham said.

A fuel poverty strategy was introduced under the Warm Homes and Energy Conservation Act 2000 with the stated intention of doing everything "reasonably practicable" to end fuel poverty among vulnerable households by 2010 and in all households in England by 2016.

But the Government was taking insufficient measures to meet its commitment and the courts should intervene, Mr Fordham argued. He said the position was "stark" and on current forecasts fuel poverty targets would not be met.

Lawyers representing the Department for Environment, Food and Rural Affairs and the Department for Business, Enterprise and Regulatory Reform said tackling fuel poverty remained a very important Government priority, and some £20 billion had been spent on it across the UK since 2000.

They added in written submissions before the judge: "However, in recent years, dramatic increases in energy prices, a phenomenon which is outside the Government's direct control, have caused a significant rise in numbers of households in fuel poverty, notwithstanding the measures taken to implement the strategy."