High Court to Review Somerset Council Tax Scheme Following Legal Challenge by Disabled Resident

Andy Mitchell sues Somerset Council as tax bill jumps from zero to £1,300 following Universal Credit migration. High Court grants judicial review for summer 2026.

By: AXL Media

Published: Feb 23, 2026, 3:47 AM EST

Source: BBC

High Court to Review Somerset Council Tax Scheme Following Legal Challenge by Disabled Resident - article image
High Court to Review Somerset Council Tax Scheme Following Legal Challenge by Disabled Resident - article image

The Transition from Legacy Benefits to Financial Shock

The dispute originated in September 2025 when Mitchell was transitioned from Employment and Support Allowance (ESA) to Universal Credit as part of a national government welfare overhaul. Under Somerset Council’s previous framework, his disability benefits exempted him from council tax entirely. However, upon reassessment under the authority's updated reduction scheme, Mitchell found his support slashed to just £2 per week. This change shifted his responsibility to 90 percent of the total property bill, a move Mitchell initially believed was an administrative error until confirmed by the council's welfare team.

Legal Arguments and the Judicial Review

The High Court has sanctioned a judicial review to determine if Somerset Council’s policy "unlawfully penalises disabled people." Mitchell’s legal team argues that the scheme is inherently discriminatory, failing to account for the additional living costs and reduced earning capacity associated with chronic physical and mental health conditions. Human rights solicitors involved in the case suggest that the current algorithm for calculating reductions fails to bridge the gap created by the migration to Universal Credit, effectively misleading residents about the stability of their local support systems.

Impact on Quality of Life and Health

The financial burden has had immediate, tangible consequences for Mitchell’s health and daily living. Due to severe back and shoulder pain, he is unable to use a standard bed and currently sleeps in a chair. The sudden requirement to pay over £100 per month in council tax has halted his efforts to save for a medically necessary adjustable bed. This situation highlights the "poverty trap" where essential municipal bills are prioritized over critical healthcare equipment, potentially exacerbating the very conditions that prevent the claimant from returning to the workforce.

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