Andy Mitchell, from Taunton, has been hit with an unexpected council tax bill

Disabled Taunton man’s shock as council tax bill rises from zero to £1,100

Paul JonesJanuary 31, 20260 Comment0

TAUNTON man Andy Mitchell is heading to the High Court after he went from paying no council tax – to a bill for 90% of the charge.

Mr Mitchell, who suffers from multiple physical and mental health conditions, was previously given a 100% council tax discount as part of Somerset Council’s reduction scheme.

However, having been transferred to Universal Credit, the council now assess him differently – and ordered him to pay more than £1,100 for 2026/27.

Now, he has been granted permission by the High Court to pursue a judicial review of the changes, deciding the grounds of his challenge were “arguable”.

Somerset Council said it was planning to overhaul the reduction scheme for 2027/28, but would contest the judicial review, while urging Mr Mitchell to explore other assistance available.

Represented by law firm Leigh Day, Mr Mitchell claims the scheme unlawfully penalises disabled people and others with additional needs based on the kind of benefits they receive.

He relies on means-tested benefits which he is entitled to in recognition of his disability – but now that he is receiving Universal Credit, the assessment changes, and his reduction changed to just 10%, cutting his bill by around £2 per week.

“When I was moved from Employment and Support Allowance onto Universal Credit, I was told my income would be protected and that I would not be worse off,” he said.

“So when I received a large council tax bill from Somerset Council it was a shock. I thought it must be a mistake as nothing about my health or circumstances had changed.”

Mr Mitchell’s claim argues the change stems from discriminatory structural flaws in the design of the council’s scheme, rather than anything specific to his circumstances.

While ‘legacy’ benefits – like those he was previously receiving – are disregarded when calculating council tax reductions under Somerset’s scheme, all Universal Credit income, except the housing element, are taken into account.

It means other elements of Universal Credit, including the disability element, are treated as income and Mr Mitchell no longer qualifies to have his council tax bills reduced – despite no changes in the reasons behind his benefit payments.

Earlier this month (January 9), the High Court granted permission for his judicial review to proceed on all grounds, including arguments that the scheme is discriminatory, in breach of the Public Sector Equality Duty, and irrational.

The case will now proceed to a full hearing in the High Court, where the lawfulness of Somerset Council’s scheme will be considered.

“It cannot be right that the DWP reassures claimants that their income is protected when they migrate to Universal Credit, when they must have known that council tax bills might substantially increase and therefore significantly reduce income available to meet essential needs,” Mr Mitchell went on.

“This situation has caused me real anxiety and distress and I feel misled. I have since learnt there are a lot of other people in Somerset and across the country in a similar position so I hope this case will lead to greater awareness and fairer treatment for everyone.”

Andy is represented by human rights solicitor Carolin Ott and Aurelia Buelens from law firm Leigh Day. Counsel is Tom Royston and Alexa Thompson from Garden Court North Chambers.

Ms Ott said: “This case raises serious concerns about the way Somerset Council’s scheme operates in practice. Our client’s circumstances and level of need have not changed, yet he has gone from paying no council tax to facing charges of more than £1,000 a year, simply because he was migrated to Universal Credit.

“The court has rightly recognised that our client’s claim is arguable on all grounds, and we now look forward to the substantive hearing where the lawfulness of the scheme will be fully tested.

“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.”

A spokesperson for Somerset Council said: “We are aware of a number of claimants transitioning from the Government’s legacy benefits, including Income Related Employment and Support Allowance, to Universal Credit.

“Such claimants are no longer entitled to receive an automatic element of the financial assistance that receipt of Income Related Employment and Support Allowance offered in relation to their Council Tax payments.

“Although Universal Credit does not offer this automatic entitlement, we operate a Council Tax Reduction Scheme (CTR scheme) which must be designed, consulted upon and implemented in advance of the upcoming financial year.

“Recognising the concerns that such claimants have, we are undertaking a fundamental review of our CTR 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. We have always taken steps to provide support for residents with the greatest need and we would encourage anyone concerned to speak to our teams about the different support packages which may be available to them.”

Previously, Cllr Liz Leyshon, executive lead member for resources, procurement and performance, said while the authority was aware of the issue, it did “not have time” to consult over any changes to address it.

“We know many people are rightly concerned about the impact of these national changes on their Council Tax Reduction support,” she said.

“While we cannot make significant changes to our CTR scheme this year, as we do not have time for a comprehensive review and public consultation, we do have the ability to ensure anyone impacted can seek support via our Exceptional Hardship Fund.”

Linda Burnip, co-founder of Disabled People Against Cuts (DPAC), who have been campaigning on the issue of hidden costs associated with migration to Universal Credit, said: “DPAC remain very concerned that disabled people who were told they would have the same income after forced migration to Universal Credit are suddenly finding themselves liable for sometimes huge increases in council tax and social care charges pushing them further and further into poverty.”