An attempt to claim the government failed to implement its fuel poverty strategy has failed in the Court of Appeal.
An attempt to claim the government failed to implement its fuel poverty strategy has failed in the Court of Appeal.
In Friends of the Earth and Ors v Secretary of State for Energy [2009] EWCA Civ 810, the charity claimed the government had a duty to meet its targets on eradicating fuel poverty whatever the cost.
The government said it faced budgetary constraints because of rising fuel prices.
The Warm Homes and Energy Conservation Act 2000 requires that government strategy must “specify a target date for achieving the objective of ensuring that as far as reasonably practicable persons…do not live in fuel poverty”.
Much of the debate before the court centred on whether the phrase, “as far as reasonably practicable”, implied a duty on the part of the government to try to reach, or to achieve, targets.
In his judgment, Lord Justice Kay said: “Until recently, one would not have expected legislation to impose upon central government a model which defines the route from policy,
