Somerset Council has announced that it will maintain its current council tax support scheme without any changes until April 2027, despite an impending judicial review challenging the policy.
Earlier this year, the council revised its council tax reduction scheme with the goal of standardizing support across Somerset and managing broader financial constraints. However, this adjustment has sparked a legal battle led by Andy Mitchell, a disabled resident of Taunton. Mr. Mitchell’s legal team contends that the scheme “unlawfully penalises disabled people and others with additional needs.”
The council plans to vigorously defend the judicial review scheduled for later this year, asserting that current legislation prohibits modifications to the council tax support scheme until the end of the 2026/27 financial period.
Councillor Tom Power, representing Wincanton and Bruton, raised concerns during the executive committee meeting in Taunton, highlighting the financial and legal challenges faced by the council. He noted that since 2022, the council has lost over 150 special educational needs tribunal cases, incurring costs exceeding £500,000.
He questioned the council’s preparedness for the judicial review, emphasizing the potential financial risks, including legal fees, staff time, and possible refunds or compensation if the court finds the scheme unlawful. He drew attention to a precedent set by the High Court ruling against Trafford Council, where a similar tax reduction scheme was overturned for discriminatory treatment of disabled residents.
In response, Deputy Leader Liz Leyshon, representing the Street division, confirmed that the council is still evaluating the validity of Mr. Mitchell’s claim but is committed to defending its policy. She explained that the council is legally barred from making in-year changes to the support scheme and that any future amendments must follow a thorough process involving design, consultation, approval, and notification. The 2026/27 scheme was approved by the full council on December 17, 2025, and will be implemented as planned.
Looking ahead, the council is forming a task and finish group to review priorities for the 2027/28 scheme. This group will ensure that inclusivity and compliance with the public sector equality duty remain central to policy development.