A Dundee pensioner has launched a legal battle against both TV Licensing and the Scottish Legal Aid Board (SLAB) after it was revealed she pays the full £144 licence fee, while others in her sheltered housing complex are only being charged £7.50.
Elizabeth Malone, 67, who lives in Tofthill Place, says despite her accommodation being part of the nearby Clement Park Sheltered Housing complex, sharing the same facilities, TV Licensing is treating them as separate addresses.
The problem arose after TV Licensing ruled that as there is a street separating the two complexes, and Tofthill residents are not entitled to the same discounts.
The licensing authority says Tofthill must apply on behalf of its own residents if it thinks it meets the criteria; however, as it comes under the control of Clement Park, that has resulted in a catch-22 situation, Mrs Malone’s solicitor, Gary McIlravey, says.
Councillor Fraser Macpherson recently highlighted similar problems in his West End ward, but now Mrs Malone has taken the matter further and launched legal action against the company.
A baffled Mrs Malone told The Courier: “We’re the same complex as Clement Park, everything is the same apart from the TV licence fee for some reason.
“We have the same wardens, the same pull-chord system and we use the Clement Park lounge.
“We’ve been fighting this for well over a year now. I think it’s ridiculous. There’s about six of us having to pay the full amount while the people living in Clement Park just pay £7.50.
“It’s terrible and I don’t know how they justify it. The legal aid say it’s not enough money for them to get involved with, but I’m 67 and some of the residents are only 64. You have to pay the full amount till you’re 75, when its free, so if you add it all up that’s a lot of money.
“There’s only a road separating us but we’re part of the same complex. I’ve spoken to Jim McGovern MP and he’s waiting to hear about it. We’re all pensioners, so what’s the difference?”
Mr McIlravey, of Lawson, Coull and Duncan, sought the legal opinion of advocate Frank Burr, who agreed they had grounds for challenging the TV Licensing position.
However, Mr McIlravey says he has now struck a brick wall with TV Licensing going quiet and SLAB “proving difficult”.
He said: “Despite entering into correspondence initially with TV Licensing, they are now essentially ignoring all correspondence.
“The Legal Aid Board, however, are being difficult in granting legal aid for a judicial review. This is despite the existence of a very favourable opinion from Frank Burr, advocate.”
A spokesperson for TV Licensing said: “The criteria for the £7.50 Accommodation for Residential Care (ARC) licence are laid down in legislation. TV Licensing has no discretion over the legislation, and cannot grant ARC licences to residents of accommodation where the scheme criteria are not met. There are several criteria, one of which is that the accommodation must fall within a common and exclusive boundary.
“Tofthill Place falls outside the boundary for the Clement Park Sheltered Housing Scheme. To meet the criteria for the concession, Tofthill Place must meet all qualifying criteria, separately from Clement Park.
“If the administrators of the Tofthill Place sheltered housing scheme think the accommodation meets the criteria, they would need to get in touch with TV Licensing to apply on behalf of their residents.”
A spokesperson for the Scottish Legal Aid Board said: “We have received an application, which is at the review stage. The solicitors asked for more time and we are waiting for further information from them.”