An investigation by the Stray Ferret into whether Harrogate Borough Council has a culture of secrecy has found the authority has a shocking record of withholding information from the public.

Our findings raise serious questions over how and why the council decides to keep so much information out of the public eye on matters that are of public interest and involve large sums of public money.

The council kept information from local taxpayers on key decisions, such as contracts on the Visit Harrogate tourism website and the dire financial state of the Harrogate Convention Centre.

Our investigation 

The Stray Ferret decided to look into the number of papers withheld after noticing a number of key decisions were being made without disclosing full information to the public.

Our research looked at confidential reports known as “pink papers”. This means they are not to be seen by the public or journalists- but are seen by councillors at cabinet and council meetings.

We looked at five similar councils, including Harrogate.

The councils we looked at were of comparable population size, were Conservative-led and all operate on the same cabinet and leader system.

The authorities ranged from population sizes of a high of 140,000 and the lowest was 120,000.

A shocking revelation 

The number of papers made exempt at the five Conservative-run councils.

The findings show Harrogate Borough Council had three times more restricted papers than the second highest council and nearly 25 times as many as the lowest.

A total of 222 of Harrogate’s reports were marked “commercially confidential” as a reason for being kept from the public.

By comparison, South Kesteven District Council restricted 79 reports, East Lindsey District Council 48, East Hampshire District Council 11 and Test Valley Council had 9.

In December alone Harrogate withheld information in 46 reports.

While one would accept that each authority varies in population size (the lowest being 120,000, the highest 140,000) and each has different local issues to tackle, the sheer scale of the gap suggests Harrogate has a systemic attitude of withholding information.

It begs the question as to why so many papers were withheld from the public and how the decisions were arrived at, especially on major spends of public money such as the Harrogate Convention Centre.

The Stray Ferret has looked at three examples of where the authority has chosen to exempt information on big investments using taxpayer cash and questions whether it was necessary or appropriate to do so.

Harrogate Convention Centre 

In July 2020, the Stray Ferret published a leaked (pink) report into the proposed £46.8 million refurbishment of Harrogate Convention Centre.

It’s the single biggest spend the council has proposed in recent times and yet the report that was used to make the decision included information that was not made available to the public.

The report showed the dire financial state of the centre.

It said the venue, which is owned by the council, lost £710,000 in the 2019/20 financial year.

Read more:

• £60m or £35m: What is the value of Harrogate Convention Centre to the district?

• Council leader threatens to expel person who leaked report to The Stray Ferret

The report added that the HCC financial performance has “declined significantly since 2008/9”. But this information was withheld from the public and the council later approved the investment.

A source who used to work at the borough council, but did not wish to be named, told the Stray Ferret that there was little reason to keep that information from the public.

They said:

“There’s nothing in that report which would suggest commercial confidentiality. The only thing you can find is projected loss, which is hardly sensitive.”

The council was so upset about the leak that it held an internal investigation to establish who had sent us the document.

Yet we would argue that public has a right to know about the performance of one of the council’s biggest assets, owned by taxpayers, ahead of a huge investment of public money.

Jacob Bailey and Visit Harrogate 

Four months later, the council decided to approve a contract to Suffolk-based Jacob Bailey Group to revamp its tourism website Visit Harrogate without open tender.

At the council meeting where the decision was taken to award the contract, two pink papers were presented to the cabinet member responsible, Cllr Stan Lumley.

We can only assume these papers explained why there was no tendering process and the amount Jacob Bailey was going to charge.

It led to a member of the public using the Freedom of Information Act to ask for the cost, which was then declined.

Read more:

• Visit Harrogate website contract awarded without tender
• Harrogate council to spend £165,000 on tourism website

Another person has since complained to the Local Government Ombudsman, asking for information on why the council decided not to openly tender for the contract.

Eventually the information was released. It was £165,000 for the tourism website. Many questions remain about how the decision was made and how that sum represents value for money.

Leisure investment 

In June last year, the borough council outlined another of its big publicly funded projects.

It planned to borrow £26 million to fund two capital projects, a refurbishment of the Harrogate Hydro and a new leisure facility at Knaresborough.

In the report, the council outlined what the Hydro and the new centre would need and how it intended to get the money.

However, it also included nine supporting papers – eight of which were withheld from the press and public on “commercial grounds”.

Read more:

• Somerset company chosen to develop £26 million Harrogate leisure projects
• Council gives final backing to leisure services overhaul

The following November, the council approved a contract for a development manager for the investment.

It appointed Somerset-based Alliance Leisure and decided to do so without competitive tender. 

The report came with a restricted paper, once again withheld on commercial grounds.

Such was the lack of information we asked exactly what the fee was for the company and why there was no competitive tender process. We did not receive a response.

It’s another example of a lack of transparency around a contract that leaves unanswered questions about value for money.

Culture of non-disclosure

Our findings suggest at best there is a culture of non-disclosure at the borough council when it comes to making information on key decisions public.

They raise legitimate questions over why the borough council decided to keep such information out of the public eye on matters which involved millions of pounds of taxpayers’ money.

The council says it is committed to openness and transparency, but our research suggests the opposite.

In the authority’s own code of corporate governance, it says it is committed to the principle of “implementing good practices in transparency”.

The council has also released public statements – one as recently as last month – saying it has a commitment to be “an open and transparent council”.

What does it say about the transparency of the council when a £710,000 loss at the convention centre is deemed too sensitive for the public to know?

We put our findings to Harrogate Borough Council. A spokeswoman for the authority said:

“We are an ambitious council with several multi-million pound and major projects underway, including new sport and leisure facilities and investment in Harrogate Convention Centre.

“This is for the benefit of our residents and for the district to be known as the best place to work, live and visit.

“This means, compared to other councils, we probably have more than the average number of commercial contracts being tendered.”

Although the council says it has major projects underway, our research shows the next highest council in our comparison – South Kesteven – also had commercial projects in the past year.

South Kesteven council set up a new leisure company and transferred its assets over to the business. The council was also involved in an investment project at St Martin’s Park in Stamford.

Tomorrow, we will look at the council’s response to Freedom of Information requests and general enquiries from the press and public.

Harrogate Borough Council has apologised this afternoon for not doing a better job explaining its decision to put fake grass  in the town centre.

The statement, which can be read in full below, outlines the council’s reasons for choosing to install plastic grass.

It also reveals the council will place planters with flowers on top of the plastic grass — something it has already begun to do.

Early today campaigners from Extinction Rebellion Harrogate removed fake grass from one of the raised beds in Harrogate’s Cambridge Street, and replaced it with plants in protest at the council’s use of plastic.

The council statement says that although it recognises Extinction Rebellion’s reasons for its action, it would have preferred the group to speak to the council first.

It goes on to explain that the current installation is a trial, and will be removed if it turns out not to “make the town look better and bring more plants into the town centre”.

The statement adds the council has plans to plant trees on three sites totalling 17 hectares.

It says:

“We haven’t explained this well and we are sorry about that. We concentrated too much on getting the trial in place and not enough time explaining the totality of what we were doing.”

Read more:

• Extinction Rebellion replaces fake grass with flowers in Harrogate
• Huge backlash against ‘cheap and tacky’ fake grass

A spokesperson for Extinction Rebellion Harrogate explained why it engaged in direct action this morning:

“We felt really shocked and disappointed and just a bit baffled by the fact that plastic grass had been put down in the first place, we’ve all spoken to lots of people, locals and visitors, and they all say it looks hideous.”

She denied the group had committed any legal offences, saying it had not damaged the plastic grass and will return it to the council in due course.

Asked about the council’s statement, she said it was more interested in aesthetic issues than environmental ones:

“What about the micro-plastics that are going to be layered on the soil? All you have to do is to plant plants that are shade loving, they’re ones that members grow themselves. Why bring plastic into the equation?”

“We don’t want Harrogate to be this plastic town and the council seems to be sending out such a strong message that neat and tidy is much better than biodiversity.”

Extinction Rebellion Harrogate removed the fake grass and planted flowers this morning.

Here is the council’s statement in full:

“While we recognise Extinction Rebellion Harrogate’s reasons for removing the artificial grass and installing plants, we would have preferred them speaking to us first so that we could have explained the full scheme and how it enables even more plants right into our town centre.

“Traditionally, we’ve put plants in the beds beneath the trees, but these rarely last very long because the trees soak up all the moisture and nutrients in the soil, leading to the plants looking rather sorry for themselves.

“Inevitably, this means the beds end up being visually dull and nothing more than a magnet for cigarette butts, empty coffee cups and fast-food takeaway packaging. They look a mess and prompt almost as many complaints as we’ve had about the artificial grass.

“The artificial grass is a base for planters that will sit on top of the beds.

“These planters – that have already started to be installed – will have their own water source, separate from the tree roots, so that the bedding plants can thrive on their own. This will result in a vibrant display of colour all year round. Using the artificial grass as a base means we can have more and more plants in our town centre and make the area more attractive.

“We’ve been asked why we didn’t put down stone or bark. We ruled this out because, regrettably, it will be most likely end up being used as an ashtray or messed-up because it is loose. Surfacing with stone, or something more substantial, would also compromise the tree root system.

“This is just a trial though. If, when the beds are fully installed, they don’t make the town look better and bring more plants into the town centre then we will remove them and try something else.

“We share the passion people have for Harrogate’s award winning floral displays and is something we will continue to support.

“We are also have further plans to reduce carbon emissions having recently identified three new council-owned sites, covering some 17 hectares, for new tree planting schemes.

“We haven’t explained this well and we are sorry about that. We concentrated too much on getting the trial in place and not enough time explaining the totality of what we were doing.”

Slug and Lettuce has closed its Harrogate branch permanently.

The chain pub, famous for its cocktails and food menu, has occupied the Montpellier Building on Montpellier Parade for nearly 30 years.

However, it will not reopen with other pubs and restaurants next week on May 17 under the latest easing of lockdown restrictions.

Read more:

• Extinction Rebellion replaces fake grass with flowers in Harrogate
• Accessibility for all becomes top priority for Harrogate shops

Today there is no movement at the Harrogate pub and all traces of it have been wiped off the internet.

Slug and Lettuce no longer includes the branch on its list and the pub has deleted its Harrogate Facebook page.

The Stonegate Group, which also owns Yates and Walkabout, revealed the closure. A spokesperson said:

“We can confirm the closure of Slug and Lettuce in Harrogate and the building has been returned to the landlord.”

Councils across the country can restrict reports on committee agendas, if they feel it would adversely affect the financial affairs of a business or person.

Report writers have discussions with the legal service at a council to decide which information should be kept out of the public eye.

The authors of the report may be challenged on why information should be exempt before it goes to committee.

A decision as to whether to restrict information is down to council officers and their interpretation of the reports.

The authority must make clear on the public agenda why a report is restricted by quoting the relevant paragraph of the Local Government Act.

Read more:

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• Harrogate Borough Council accused of ‘behaving like a secret state’

For example, paragraph three relates to commercial grounds and paragraph one is information relating to a specific person.

However, exactly how they arrive at that decision is not revealed to taxpayers and can lead to the press or members of the public using the Freedom of Information Act to try to force councils to release the information.

Freedom of Information Act

The Freedom of Information Act was introduced in 2005 to make government more open with the public.

Its sole purpose was based around peoples’ right to know what public bodies were doing with their money and to make institutions like councils more accountable.

How does the act work?

Anyone can submit a request for information to a public body, such as Harrogate Borough Council, under the freedom of information act.

The council must then respond to that request within 20 working days.

When someone requests information, there is a presumption in favour of the council disclosing information under the act.

This is because the principle behind the legislation is that people have a right to know about the activities of public authorities, unless there is good reason for them not to.

The council must justify under what exemption it refuses information and why.

For example, it can refuse a request on the grounds of commercial confidentiality under section 43 of the act.

But it must show that it factored in the presumption of disclosure into its reasons for refusal.

Guidance from the Information Commissioner’s Office says:

“The main principle behind freedom of information legislation is that people have a right to know about the activities of public authorities, unless there is a good reason for them not to.

“This is sometimes described as a presumption or assumption in favour of disclosure.”

If the council does refuse a request and the person submitting the request is not satisfied, they can ask for an internal review.

The review is carried out by a senior officer who was not involved in the initial freedom of information request.

The council reviews its original decision and decides whether it feels the information should be disclosed.

If it decided not to hand over the information after the review, the person can take the matter further to the Information Commissioner.

Environmental campaigners have removed fake grass from one of the raised beds in Harrogate’s Cambridge Street, and replaced it with plants.

Extinction Rebellion Harrogate claimed responsibility for the action in a sign posted on the bed reading, ‘Grow plants not plastic’.

The group also posted a poem on the bed titled ‘We Did This’. It reads:

“Just ordinary people

Made this ordinary stand”

The poem goes on to explain what they have done with the plastic grass:

“We haven’t stolen it

You get your plastic back

We have rolled it up and tied it

And put it in a sack”

Read more:

• Huge backlash against ‘cheap and tacky’ fake grass
• Turf wars: Harrogate council spent £800 on fake grass

It is not known precisely when the group performed the stunt, although it is thought to have taken place last night or early this morning.

The controversial plastic grass first appeared last weekend, and has been widely condemned. Criticisms included the lack of aesthetic appeal and the anti-ecological nature of using plastic grass instead of real plants.

The Stray Ferret has approached Extinction Rebellion and Harrogate Borough Council, which installed the fake grass, for comment.

A number of Harrogate shop keepers have called in a local charity to help them become more accessible for disabled customers.

Disability Action Yorkshire is working with some retailers on Commercial Street in a move that it is hoped will also make them more profitable.

The spending power of disabled people and their families, known as the purple pound, is estimated to be worth £249 billion and increasing each year.

Josh McCormack, Disability Action Yorkshire’s think access co-ordinator, has been advising businesses.

Mr McCormack recommended the owner of The Cheeseboard, which is a small store and has a step in the entrance, put a sign in the window saying, “If you can’t come into to us, we will come out to you”.

This informs customers with wheelchairs or prams that they are welcome and can get help.

Mr McCormack said:

“More and more businesses are now looking at making their premises accessible to all, particularly as online shopping became a way of life during the three national covid lockdowns.

“In many cases, becoming accessible need not cost a penny. Businesses are starting to realise the value of the purple pound and to become accessible they need someone who can advise them.

“My role at Disability Action Yorkshire is to go into a business, conduct an audit, and them produce a report. Disabled people want to enjoy the same experiences as everybody else, and a business becoming accessible makes complete sense.”

The charity has said it is keen to work with shops across the Harrogate district that want to become more accessible.

Read more:

• Harrogate care home resident says he still thinks more should be done for residents as lockdown eases
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Gemma Aykroyd, the owner of The Cheeseboard, said:

“I’d like to thank Josh for visiting our shop and speaking to me about what we could do to become more accessible.

“Whilst the limited space and step are a barrier, Josh offered us some very practical and simple advice. This simple measure says we will go that extra mile, ensuring we cater for everyone.”

The Lingerie Room in Harrogate is to be converted into a home.

The shop is due to permanently close on July 31, with owner Nicola Silcock retiring after five years in the town.

Ms Silcock moved the business from Settle to its current location on Tower Street. The site was previously occupied by a business that sold lighting.

Now Harrogate Borough Council has approved a planning application from landlord James Hopkins to form one larger home that includes both the shop and the upstairs property.

The first-floor kitchen will become a bedroom and the ground floor will be altered to create an open plan kitchen with a lounge to the front.

Read more:

• ‘Hidden gem’ Knaresborough knitting shop stocks more than wool
• Harrogate care supplies shop closes to move online

Ms Silcock told the Stray Ferret in February that although she had a loyal customer base, a reduction in footfall in Harrogate had made the shop less financially viable.

She said:

“People are too busy and ordering shopping online is so easy.”

Conservative councillor Matt Scott has said he feels “privileged” to represent Harrogate at county level after his by-election win tightened the Tories’ grip on the town.

He was elected onto one of two Bilton and Nidd Gorge seats on North Yorkshire County Council on Friday.

His victory was a major blow for the Liberal Democrats, which had previously won six out of eight county elections in the area in the last 16 years.

It means the Conservatives have strengthened their power on the county council by lifting their total seats to 57 out of 72.

Speaking on Monday to the Local Democracy Reporting Service, Cllr Scott said he was pleased with the result as he also set out his top priorities for his new term:

“My message to those who voted for me is the same as my message to those who did not vote for me – I am privileged to be able to represent the Bilton and Nidd Gorge division on the county council and will be pleased to help anyone who gets in touch with me.

“I am interested in positive outcomes, not the political allegiance of someone who has come to me for help.

“As a sitting district councillor I will continue to work hard on tackling litter and protecting our green spaces.

“In terms of county council issues I will be doing all I can to support Woodfield Community Primary School. I will also be taking a keen interest in sustainable transport issues as a means of tackling congestion.”

Cllr Scott, who already represents the Bilton Woodfield ward on Harrogate Borough Council and is employed as a caseworker for Andrew Jones, the Conservative MP for Harrogate and Knaresborough, joins Paul Haslam as one of two Conservative county councillors serving the area.

The by-election was held following the death of Liberal Democrat councillor Geoff Webber, whose party previously had a strong foothold during the last four elections.

Read more:

• Conservatives win Bilton and Nidd Gorge by-election
• Bilton Liberal Democrat candidate ‘very sorry’ after by-election defeat

Standing to replace him was Liberal Democrat candidate Andrew Kempston-Parkes, who was second by a margin of 352 votes.

Mr Kempston-Parkes, a local businessman and former borough councillor, said he was “heartbroken and devastated” by the result but promised the party will come back “stronger than ever”. He said:

“I know we will continue the fight against this stranglehold on local politics – we are certainly not finished.”

Mr Kempston-Parkes also criticised the first-past-the-post voting system, which meant the Conservatives won with 43% of votes. He expressed hopes that other opposition parties could form an alliance to contest elections as one group in the future.

He said:

“Perhaps the Lib Dems, Greens and Labour need to come together and form a progressive way of working in order to give the electorate one clear choice.

“If that had been the case in Bilton and Nidd Gorge, the Conservatives would have come second, which is the really sad thing about this election – the majority of people didn’t vote for the person who won.

“As long as the parties in the centre and to the left continue to stand against each other then the Conservatives will continue to rub their hands in glee and rule in the majority when in fact they are the minority.”

The by-election held last week was the only local council election held in the Harrogate district.

A full election for all seats on North Yorkshire County Council was scheduled to take place but was cancelled because of the ongoing local government reorganisation.

Under the plans, elections to a new unitary council structure – which will replace the current two-tier system in North Yorkshire – could happen in 2022 depending on government approval.

The Bilton and Nidd Gorge by-election results in full are:

It has emerged that a woman died at Harrogate District Hospital after receiving the Oxford-AstraZeneca covid vaccine.

Deaths from the vaccine are exceptionally rare but the Financial Times revealed a 59-year-old woman called Julia began having headaches in mid-March, nine days after receiving her first jab.

She initially thought she was suffering migraines but on March 29 her husband, a retired doctor called Peter, came home to find her in a coma.

According to the FT, doctors at the Harrogate hospital said she had a “catastrophic brain injury” resulting from cerebral venous sinus thrombosis and a very low platelet count — the rare blood condition linked to the AstraZeneca jab. Two days later she died.

According to the government, just over 10 people develop adverse drug reactions for every million doses of the Oxford-AstraZeneca vaccine given.

Read more:

• Harrogate district first covid vaccine doses near 100,000
• GP praises vaccine progress but warns against relaxing too soon

A UK Medicines and Healthcare products Regulatory Agency spokesperson said:

“We are saddened to hear about this death and our thoughts are with the family.

“As with any serious suspected adverse drug reaction, reports with a fatal outcome are fully evaluated by the MHRA, including an assessment of post-mortem details if available.

“Vaccines are the best way to protect people from covid and have already saved thousands of lives. Everyone should continue to get their vaccination when asked to do so unless specifically advised otherwise.

“Our detailed and rigorous review into reports of blood clots occurring together with thrombocytopenia is ongoing.”

A Harrogate and District NHS Foundation Trust spokesman declined to comment.

Three covid vaccines have been authorised for supply in the UK by the MHRA.

Besides Oxford-AstraZeneca, the Pfizer/BioNTech and Moderna vaccines have been approved for use following reviews of safety, quality and efficacy information from clinical trials.

Further information on vaccines is available here.

The Manchester Furniture Show is set to be held in Harrogate this year as more events are lined up for after lockdown.

The annual show is normally hosted at Manchester Central, but a post on the events website says the show will now be held at the Harrogate Convention Centre.

It is unclear why the event has been moved, but it is due to be held alongside the Home and Gift Buyers Festival.

The show will take place from July 18-21.

It becomes the latest event to be held at the town’s convention centre and the Royal Hall after lockdown.

Read more:

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• ‘10-day Gilbert & Sullivan Festival returns to Harrogate

Comedians Jimmy Carr, Jon Richardson and Katherine Ryan are lined up for September and October.

The Harrogate Bridal Show is also due to be held in September after being postponed last year.

Meanwhile, the 10-day International Gilbert & Sullivan Festival is returning to Harrogate this year, in a major boost for the town’s economy.

Harrogate hosted the event annually from 2014 until last year, when it was cancelled due to covid.

The festival, which will take place from August 8 to August 18 at the Royal Hall, attracts thousands of visitors from around the world.

Following the announcement, Janet Smith, festival director, said:

“After the horrible year we have all endured, we cannot wait to get back into the theatre.

“Our seating plan in the theatre is socially distanced, and only 40% of the usual Royal Hall seats are available, so we expect tickets to sell out quickly.

“We will have to wait to hear the government announcements about easing restrictions on June 21, when hopefully we will be allowed to open up more seats.”