Gentleman is going to court over Council Tax and UC.

NeuroEve
NeuroEve Online Community Member Posts: 135 Empowering

Not sure if any one has seen this, tried to share but could only copy and paste. Makes for interesting reading and wish there was a petition as I would definitely sign it.

A disabled man is taking a council to the High Court, claiming its new council tax reduction scheme is discriminatory and has left him in shock.

Andy Mitchell, from Taunton, did not have to pay council tax under Somerset Council's previous scheme because of disability benefits he received.

But after being migrated from those "legacy" benefits to universal credit, he now has to pay 90% of the council tax bill for his property, leaving him with an annual bill of nearly £1,300. "When I received the letter it was a shock, and to begin with I thought it was a mistake," he said.

Somerset Council said it would review the scheme "to ensure that it remains fit for purpose, inclusive and affordable".

Mitchell previously worked for a university in London but said he was no longer able to work because of a number of physical and mental health conditions.

He relies on means-tested benefits, which he was awarded following assessments by the Department for Work and Pensions, including a work capability assessment.

In September 2025, Mitchell was moved from employment support allowance to universal credit as part of national government changes.

Somerset Council then reassessed his entitlement under its new council tax reduction scheme, external. He said he now receives a reduction of £2 per week.

"To begin with I thought it was a mistake, I spoke to four different people [at the council] on the phone," Mitchell said.

"The first three didn't know what was going on, the fourth person, in the welfare team, said no it wasn't a mistake, it's quite common, it's happening to a lot of people."

Mitchell said he was trying to save for an adjustable bed but every month was a struggle for money.

"I can no longer lie down on a normal bed because I get a lot of pain in my back and in my shoulders - at the moment I'm sleeping in a chair in the living room," he said.

"The council tax bill just pushes that bed further away, because I have to prioritise that bill rather than saving for the bed."

'I feel misled'

The High Court has granted Mitchell and his legal team permission to pursue a judicial review, with the hearing expected to take place in Bristol early in the summer.

Mitchell's case argues the council's scheme "unlawfully penalises disabled people and others with additional needs".

"This situation has caused me real anxiety and distress and I feel misled. I hope this case will lead to greater awareness and fairer treatment for everyone," he added.

Human rights solicitor Carolin Ott said: "The case has potential wider implications for many other residents in similar situations whose migration to universal credit has impacted their eligibility for council tax reductions."

Somerset Council said it would be contesting the judicial review.

A spokesperson added: "Recognising the concerns that such claimants have, we are undertaking a fundamental review of our scheme to ensure that it remains fit for purpose, inclusive and affordable, and we will be consulting on the scheme in summer 2026 for implementation in April 2027.

"We also operate a means tested Exceptional Hardship Scheme to support the most vulnerable," they said.

Comments

  • michael57
    michael57 Online Community Member Posts: 2,205 Championing

    Was in the local paper and news last week

  • Chris75_
    Chris75_ Online Community Member Posts: 4,760 Championing
  • michael57
    michael57 Online Community Member Posts: 2,205 Championing

    Councils can't pay for all the things the council tax is supposed to cover to help everybody then cry wolf when the rules change and they end up with less amenities

  • NeuroEve
    NeuroEve Online Community Member Posts: 135 Empowering

    My son has gone from paying £28 a month to £110. His income has not increased and he has no issue paying it. I just feel it was an easy way for councils to raise more income from people moving from ESA to UC. I just seen this on BBC news and was actually surprised it had taken this long for someone to raise it legally. Just thought I would share.

  • michael57
    michael57 Online Community Member Posts: 2,205 Championing

    you can share your thoughts its not a problem at all only a few bite lol

  • MW123
    MW123 Scope Member Posts: 1,986 Championing

    Thanks for sharing this, @NeuroEve. If the High Court ruled that this type of council tax reduction scheme is unlawful, then every council using a similar model would have to stop doing it. It wouldn’t just affect Somerset,  it would set a precedent for all local authorities.

  • Ross1975
    Ross1975 Online Community Member Posts: 668 Trailblazing
  • MW123
    MW123 Scope Member Posts: 1,986 Championing

    @Ross1975

    NeuroEve’s comment seems to have been taken a bit out of context. The gentleman in the article isn’t trying to set up a petition, the case is already going to judicial review. NeuroEve was only saying she’d sign one if there was one.

    If this gentleman succeeds, it could make life easier for thousands of people in the same position as NeuroEve’s son, who’ve seen their council tax jump simply because they were moved from ESA to UC.

    It will be very interesting to see what the court rules.

  • PsionPhoenix
    PsionPhoenix Online Community Member Posts: 1 Listener

    I’ve been in contact with the law firm who’s taken on the case. I am physically disabled and can barely leave my house, this has affected me like it has Andy. I live in Somerset and I got posted a bill about a week ago for over £1,000 council tax….. just because I was forced to move over to universal credit.

    I will be helping to the best of my ability to get this reversed as this seems to be a scummy to do to disabled people. I have barely received an increase to my total benefits (I got awarded the LCWRA) yet they expect me to pay £95/month council tax that I just do not have. Way to kick people when they’re down, without even any obvious notice that it was going to happen either.

  • MW123
    MW123 Scope Member Posts: 1,986 Championing

    @willow1 , firstly welcome to the community.

    If the court rules that Somerset Council’s approach is unlawful, then any council that did not update its scheme afterwards would not automatically be in trouble straight away. However, it would be taking a clear legal risk. Once the High Court establishes that a particular approach is unlawful, that legal principle applies across England and Wales.

    Some people assume that every council would have to be taken to court individually, but that is not usually how it works. Once the legal principle has been set, it becomes very difficult for any council to defend continuing with the same approach. A resident could rely on the original judgment as the basis of their case, and by presenting that ruling to their council it would be hard for the authority to argue that its version of the rule is materially different.

    In practice, councils usually adjust their schemes after this kind of ruling. It is far easier and far less costly to amend a policy than to defend one that has already been found unlawful in court. Continuing with it would make litigation much more likely, and councils are very aware of the financial and reputational risks. No council wants to be seen putting disabled residents through unnecessary stress or ending up in avoidable legal disputes. It is simply too expensive for them to ignore a clear judgment.

    So the effect is not sudden or heavy handed, but once the law is clarified most councils tend to bring their schemes into line rather than expose themselves to avoidable legal challenge.

    The case itself will not be heard until the summer, and it will be interesting to see how the court rules.