A judge has ruled the authority should axe the ‘discriminatory’ schemeA High Court judge slammed Trafford Council(Image: Copyright Unknown)

Trafford Council’s new council tax reduction scheme must be quashed after a High Court judge ruled it unfairly discriminated against two ‘vulnerable’ residents who discovered they had to pay the full bill when previously they had to pay nothing because they were on benefits.

A senior judge ruled the council’s Working Age Local Council Tax Reduction Scheme for 2025/2026 was both unlawfully adopted and discriminatory against disabled people and carers receiving certain benefits.

The two residents, one disabled and the other a carer for a disabled person, were unexpectedly hit with large council tax bills this year with the introduction of the scheme in April 2025. Before the scheme, they didn’t have to pay any council tax.

Judge Pearce quashed the scheme. Lawyers for the two residents say hundreds of other Trafford residents in a similar position may also have been wrongly billed.

They say ‘vulnerable and disabled people receiving certain benefits faced the prospect of paying hundreds of pounds in council tax, when under the previous year’s scheme, they did not have to pay any council tax at all’.

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The High Court judgment ruled the way the new scheme was adopted by the council was unlawful as the council never properly approved the scheme through a vote of the full council. Instead, the decision was made by the council’s Executive Committee in December 2024.

The two residents were also victims of discrimination, according to the judgment. The scheme’s means test ‘double counted’ certain income, such as carer benefits and occupational pensions, already considered when calculating Universal Credit awards. This meant many disabled people and carers were wrongly treated as better off than they actually were, according to the judgment,

The judgment said the scheme was ‘badly drafted’ and ‘obviously unfair’, adding that it affected a ‘significant number of people’.

One of the claimants said: “This decision is such a relief. I brought this case because I knew how unfair the scheme was – not just for me, but for many others in Trafford who were suddenly being asked to pay money they simply didn’t have.

“The court has now agreed that the scheme was both unlawful and discriminatory. I hope the council takes this on board and puts in place a fair scheme that protects people instead of pushing them into hardship.

“I also hope that the council reinstates its welfare advice line and ensures that people who need council tax support know where to turn when they are denied support.”

Carolin Ott said, of Leigh Day solicitors, said: “This is a hugely important victory for our clients and for other Trafford residents who were wrongly deprived of support.

“The High Court has confirmed not only that the council adopted this scheme unlawfully, but also that it discriminated against disabled people and carers receiving certain benefits.

“Local authorities should protect their most vulnerable residents, and this judgment makes clear that Trafford Council failed to do so. The council must go back to the drawing board and ensure that a lawful and fair scheme is put in place.”

Council Tax Bill

A spokesperson for Trafford Council said: “We are very disappointed by the ruling but will accept the judgement of the court. Throughout this process, we have acted in good faith and with the best intentions of our residents.

“This saw us develop a scheme which ultimately benefitted many claimants across the borough and which remains one of the most generous in Greater Manchester. We are now analysing the details of the ruling before deciding on our next steps.”