Somerset Council has announced that no alterations will be made to its council tax support scheme until April 2027, as it prepares to face a judicial review challenge in the High Court.
The council had previously revised its council tax reduction scheme prior to setting the 2025 budget, aiming to standardize support levels throughout Somerset while addressing broader financial pressures. However, this move has been legally contested.
Andy Mitchell, a disabled resident of Taunton, is initiating judicial review proceedings against the council. His legal team contends that the current scheme unlawfully discriminates against disabled individuals and others with additional needs by significantly reducing their support.
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Under the previous council tax reduction scheme, Mr. Mitchell was exempt from paying council tax due to his disability-related benefits. The current scheme, however, limits his reduction to just £2 per week.
Somerset Council has confirmed its intention to vigorously defend the judicial review. It also emphasized that existing legislation prohibits making any changes to the council tax support scheme until the conclusion of the 2026/27 financial year.
During a council executive committee meeting in Taunton, Councillor Tom Power, representing Wincanton and Bruton, addressed the financial and legal implications of the dispute. He highlighted similar past legal challenges involving special educational needs tribunals, which resulted in over £500,000 in legal costs.
Councillor Power questioned what financial provisions have been made to cover potential costs arising from the judicial review, including legal fees, administrative time, and possible refunds or compensation should the scheme be found unlawful.
He also sought clarification on the council’s preparedness in light of the High Court ruling against Trafford Council, where a similar scheme was quashed for unlawful discrimination against disabled residents.
Council Deputy Leader Liz Leyshon, representing the Street division, stated that the council was carefully evaluating the merits of Mr. Mitchell’s claim and remains fully committed to defending the judicial review scheduled for later this year.
Ms. Leyshon explained that legal restrictions prevent any in-year modifications to the council tax support scheme. For future changes, the council must conduct thorough consultations, agree on proposals through governance processes, and allow sufficient time to notify residents—typically six months—before implementation.
She underscored that the current scheme for 2026/27 was approved by the full council in December 2025 and will be executed as planned.
Looking ahead, the council is establishing a task and finish group to review priorities for 2027/28. This group will focus on maintaining inclusivity and fulfilling public sector equality duties as part of the ongoing annual review process.