Disabled man challenges council tax change

A man with a number of physical and mental health conditions has begun a legal challenge in the High Court against a council's decision to remove his exemption from paying council tax.

Andy Mitchell, from Taunton in Somerset, along with many others in the country, has recently been moved from "legacy" disability benefits to Universal Credit (UC) by the government.

As a recipient of UC, he now only receives a 10% discount from council tax as it is classed as earnings. A judicial review of the decision began on Wednesday in Bristol.

Somerset Council said it wants to make its council tax reduction scheme "fit for purpose, inclusive & affordable" and will be consulting on the scheme this summer.

Mitchell previously worked for a university in London but said he was no longer able to work due to his declining health.

His legal team estimate that in Somerset alone, 4,000 disabled people are now having to pay council tax when they had previously been exempt.

Speaking outside the Bristol Civil Justice Centre, Mitchell said: "I don't have a lot of money each month and it puts further pressure on my income. I can't afford the things I need to cope with life as a disabled person."

Mitchell said the situation had left him "very anxious" and said: "I just feel it's wrong. We were promised by the Department for Work and Pensions our income would be protected and that hasn't been the case at all.

"Disability discrimination is just unacceptable, I'm passionate about that. I want people to be treated fairly."

In court, Tom Royston, representing Mitchell, listed a number of different circumstances in which a person receiving UC is still given a 100% discount on their council tax.

He said the council has not provided justified proportional justification for not making people with disabilities exempt, claiming it was discrimination and a "breach of equality".

"Mr Mitchell is not a fringe case but more representative of how it [the council] treats that class of people," Royston said.

A spokesperson for the council said in a statement: "Recognising the concerns that such claimants have, we are undertaking a fundamental review of our 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."

The hearing continues on Thursday.

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