Supreme Court to hear case on council tax reduction and consultation

The Supreme Court has granted permission to appeal in a case where a claimant sought to challenge a local authority’s council tax reduction scheme and the scope of its consultation, it has emerged.

Council tax reduction schemes replaced council tax benefit in April 2013.

In the run-up to this date, a local resident, advised by Irwin Mitchell, challenged the London Borough of Haringey’s introduction of its scheme and its level of consultation.

The law firm criticised local authorities for failing to take up a Government offer of a grant. It also claimed that some councils had breached their duties under the Equality Act 2010.

In the High Court Mr Justice Underhill rejected the judicial review challenge, finding amongst other things that the consultation was fair, but gave the claimant permission to appeal.

A week later the Court of Appeal upheld the High Court judge’s ruling following an expedited hearing.

Two grounds were advanced in the Court of Appeal. The claimant argued that consultees had not been given enough information for them to appreciate there were alternatives to Haringey’s proposed scheme, and the council should have been informed about the Transitional Grant Scheme.

For 11KBW’s summary of the Court of Appeal’s ruling, click here.

Permission was granted by the Supreme Court in December 2013 but the Court has only just published its results for applications for permission to appeal for that period. The exact grounds for the challenge have yet to be revealed.