High Court grants judicial review for disabled Somerset resident to challenge council tax reduction scheme

26 January 2026

Garden Court North’s Tom Royston and Alexa Thompson represented the Claimant in the High Court (pictured). Credit: Lazy Llama / Shutterstock.

On 9 January 2026, the High Court granted a disabled Somerset resident, Andy Mitchell, permission to proceed with his judicial review challenging the lawfulness of Somerset Council’s tax reduction scheme. Permission was given on all grounds (discrimination, rationality, and compliance with the public sector equality duty). The claim will proceed to a substantive hearing in the next few months.

Mr Mitchell is disabled and unable to work due to multiple physical and mental health conditions. He relies on benefits which he is entitled to in recognition of the impact of these conditions.

Under Somerset’s Council Tax Reduction Scheme, Mr Mitchell had previously not been required to pay any council tax. However, after he migrated from ‘legacy’ benefits to Universal Credit, Somerset Council reassessed his entitlement and drastically reduced the amount of support he receives. As such, he has been required to pay 90% of the council tax bill for his property (more than £1,100 per year) despite no change in his level of income or disability needs – resulting in support of only around £2 per week.

Mr Mitchell argues that the way Somerset Council assesses council tax reduction for residents who receive Universal Credit unlawfully penalizes disabled people and those with additional needs.

Mr Mitchell’s challenge follows a recent High Court decision in another council tax reduction case, in which the court ruled Trafford Council’s tax reduction scheme was unlawful. Tom Royston represented the two Trafford residents who brought that challenge. Both cases raise crucial questions about how local authorities across England and Wales design council tax reduction schemes and the consideration given to vulnerable and disabled people with limited income.

Garden Court North’s Tom Royston and Alexa Thompson represent Mr Mitchell, instructed by Carolin Ott and Aurelia Buelens from Leigh Day.

Additional media

Leigh Day – Disabled Somerset resident granted permission to challenge council tax reduction scheme in High Court

Somerset County Gazette – Most vulnerable people in Somerset hit by higher council tax

Local Government Lawyer – High Court agrees to hear challenge over lawfulness of council tax reduction scheme

Garden Court North Chambers – High Court hears legal challenge against Trafford Council’s tax reduction scheme

For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk