A High Court judge has given Friends of the Earth and Help the Aged permission to take the Government to court over its refusal to meet its legal duty to end fuel poverty.

In a ruling last week, the High Court has given the charities the green light to take their case to a full hearing as soon as possible – despite Government objections.

If the case succeeds, the Government will have to develop an effective action programme. This will include comprehensive measures to improve domestic energy efficiency to end suffering from fuel poverty and tackle climate change. The case is due to be heard in the autumn.

Friends of the Earth’s Green Homes Campaigner, Dave Timms, said: 'We are delighted the Court recognises that the Government has a real case to answer and agrees that the case must be urgently heard.'

Mervyn Kohler, Special Adviser for Help the Aged, said: 'Fuel poverty is seeping into the lives of more and more households. Older people in particular are at risk.  

'Court action will force the Government to face its shortcomings and develop a new strategy for tackling fuel poverty, both now and in the future.'

The Government is legally bound to do all that is reasonably possible to eradicate fuel poverty for vulnerable households by 2010 and for all households by 2016. However, almost 3 million households in England were still struggling to adequately heat their homes in 2007.

In 2007 the Government estimated that by 2010 there could still be 1.3 million vulnerable households in fuel poverty. This is almost the same number as were in fuel poverty when the Government promised to take action in its Fuel Poverty Strategy in 2001.

As fuel prices continue to rise even that figure looks optimistic.