The Conservative opposition group at Somerset Council has warned that the authority risks repeating costly legal mistakes, as it faces judicial review proceedings brought by a disabled resident over changes to its Council Tax Reduction Scheme.
Conservatives say the case follows a worrying pattern of legal challenges against the Council in recent years, particularly in Special Educational Needs and Disabilities cases, where tribunals have frequently ruled against the authority at significant cost to taxpayers.
Thousands lost in Court Cases
Between 2022/23 and 2024/25, more than 150 SEND cases were taken to tribunal, with the majority decided against the Council. During that period, almost £500,000 was spent on legal fees and over £380,000 was paid out to residents following SEND complaints.
Now, the Council is being taken to court again, this time by Mr Andy Mitchell, a disabled Somerset resident. Under the former Council Tax Reduction Scheme, Mr Mitchell paid no council tax due to his disability-related benefits. Under the current scheme, he now receives only a £2 per week reduction.
Complying with the Public Sector Equality Duty
At the Executive Council meeting, Conservative Councillor Tom Power raised a series of questions about the potential financial and legal risks facing the authority.
Cllr Power asked what financial provision has been made to cover the potential costs arising from the judicial review, including legal fees, officer time and the risk of refunds or compensation should the scheme be found unlawful. He also questioned what assessment has been made of the Council’s potential financial exposure if the court were to quash the scheme, including the cost of reverting to a previous scheme and reimbursing affected residents.
Referring to the High Court decision involving Trafford Council, where a council tax reduction scheme was quashed after being found unlawfully discriminatory in its treatment of disabled residents’ income, Cllr Power asked what assurance Somerset Council can give that its own scheme is materially different and legally robust.
He further sought confirmation that the Council has fully complied with its Public Sector Equality Duty, including what equality impact assessment was undertaken in relation to disabled residents transitioning from legacy benefits to Universal Credit.
Providing correct and lawful support for disabled households
After the meeting Councillor Power said, “This could be a very costly error by this council which has put thousands of disabled residents into hardship. Taxpayers will rightly want to know what this could cost if the court finds against the Council, and that we are providing correct and lawful support for those disabled households that require it."
