A disabled Somerset resident has won a significant legal challenge against Somerset Council after the High Court ruled that its council tax reduction scheme unlawfully disadvantaged disabled people receiving Universal Credit.
The judgment, handed down on 12 November, follows a judicial review brought by Andy Mitchell, who saw his council tax support dramatically reduced after being moved from legacy benefits onto Universal Credit.
Before the move, Andy was entitled to full council tax support and did not have to pay council tax. However, despite no change to his circumstances, income or needs, the council’s reassessment left him facing an annual bill of more than £1,100.
The reduction occurred because Somerset Council counted two elements of his Universal Credit – the limited capability for work-related activity element and the transitional element – as additional income when calculating his entitlement to support.
Represented by law firm Leigh Day, Andy challenged the policy, arguing that it was irrational, discriminatory and failed to protect disabled residents under the Equality Act 2010.
The High Court upheld all his arguments, ruling that the council’s approach was unlawful because it treated people with identical needs differently depending on whether they received Universal Credit or legacy benefits, without sufficient justification.
The judge also found that the council’s Exceptional Hardship scheme did not adequately address the severe financial impact on disabled residents.
Furthermore, the court concluded that Somerset Council had failed to meet its legal duty under section 149 of the Equality Act to give due regard to the needs of disabled people when developing and implementing its scheme.
As a result, the council’s decision on Andy’s 2025/26 council tax liability has been quashed and his entitlement must be reassessed.
The ruling could have wider implications for local authorities across England and Wales operating similar council tax reduction schemes.
It follows a successful legal challenge against Trafford Council’s scheme by Leigh Day in 2025, raising further questions about how disabled people are treated when transferred onto Universal Credit.
Mitchell said: ‘Today’s judgment is a huge relief. When I was moved onto Universal Credit, I was told that my income would be protected and that I would not be worse off financially. Yet I suddenly found myself facing a council tax bill of more than £1,000 a year despite nothing changing about my health, circumstances or needs.
‘I brought this case because I believed that could not be right, and I am delighted that the court has agreed. I know there are many other disabled benefit claimants who have experienced the same shock after moving onto Universal Credit and struggled to meet their council tax liability. I hope this judgment helps ensure that people are treated fairly and that no one is penalised simply because of the type of benefit they receive. This is money the council should never have demanded from thousands of disabled people across Somerset.’
Leave a Reply