Flight deck crew really do need to remember that it is THEY who decide what minima are required, to complete the approach, and descend to....not the ATC facility.
So-called 'approach bans' excepted, of course...which, IMHO, are a complete waste of time.
Consult your respective ops procedures/ops specs for the appropriate answer, and you might well find that ATC is there to help...not impede, which may well be counter to what a very few in the ATC business might suppose.
ATC advises what equipment might be unserviceable, not what minima the respective operator is authorized to use.