Planning issues lead complaints against Harrogate council

Sixteen complaints were made against Harrogate Borough Council in 2022/23.

The figure was included in a report that will go before councillors next week regarding alleged misdemeanours of council departments.

Another report includes details of four complaints made against councillors.

Issues ranged from allegations of a council bin lorry causing damage to a property and an accusation the council refused to chop down a problematic overhanging tree.

Most of the complaints were resolved by the local government ombudsman without action being taken against the council.

One of the complaints is still under investigation and another is still waiting to be investigated.

Several complaints directed towards the council were regarding planning matters.

These included an accusation about how the council had enforced planning permission over a number of years.

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Another planning complaint questioned how the council handled an application that it claimed would impact negatively on a Harrogate district village.

However, in both cases, the ombudsman decided to close the investigation as it was unlikely to find fault by the council.

Another resident complained to the ombudsman after it accused the council’s building control department of not carrying out proper checks on their home after it discovered it had no insulation.

But the ombudsman said it did not find fault with the council and expects anyone buying a home to have had a full survey done before completing the purchase.

There were four complaints made against councillors. The report does not name them but says three were against councillors on Harrogate Borough Council and one was a parish councillor.

The council consults its ‘Independent Person’ before making a decision about a standards allegation against a councillor.

Two of these complaints related to their conduct on social media. 

However, no investigation was brought forward due to a lack of evidence and the complainant choosing not to take the issue further.

There was one allegation that a councillor made disrespectful comments during a public meeting but the investigation found the comments fell within the definition of ’emotive’ behaviour and in a political context they did not “cross the line” into unacceptable conduct.

North Yorkshire has lowest IOPC complaints rate of all police forces

North Yorkshire Police has the lowest number of complaints against its staff and officers of any police force across the country.

The latest figures, for 2021-22, reveal 282 complaints were made to the Independent Office for Police Complaints (IOPC) about the force.

The second lowest figure for complaints was 372, made against Suffolk Police.

North Yorkshire also had the lowest number of complaints when taking into account the size of each force, with 90 complaints per 1,000 staff. Norfolk and Suffolk were next, with rates of 145 and 146 respectively.

The Metropolitan Police had the most complaints of all forces, with 7,216 during that year. However, it also has the highest number of staff, at almost 47,000, giving it a rate per 1,000 employees of 155.

The force with the highest rate of complaints per 1,000 employees was Cleveland, at 697.

Last week, the force revealed it had received 740 complaints about its officers and staff in 2021-22. Today’s statistics relate to complaints raised to the IOPC.

The numbers have been revealed as complaints against police are in the spotlight, following the case of Met Police officer David Carrick who admitted a series of sexual offences against women over a period of two decades in the force.

A spokesperson for North Yorkshire Police said:

“The force has recently led a national pilot scheme that checks all vetted staff against the Police National Database (PND) every month.

“This process was implemented to ensure that any police contact outside of North Yorkshire is brought to the attention of our vetting unit and professional standards department. This covers both police officers and police staff.

“A recent report by His Majesty’s Inspectorate of Constabulary Fire and Rescue Service following an inspection of vetting, misconduct, and misogyny in the police service, highlighted the good work by North Yorkshire Police and recommended that all forces make routine use of the PND as a tool for revealing any unreported adverse information about police officers and staff. It was announced last week that all forces in England and Wales will be adopting this approach.

“The vast majority of our officers and staff are honest, hardworking and act with integrity. But we are not complacent and know that there will be a number within our force who are not. When misconduct is found, we will take action. We encourage anyone who has any concerns about an officer or staff member they have come into contact with, to please report it to us.”

Allegations

In the statistics, published by the IOPC,  North Yorkshire Police also had the second lowest rate of allegations made against its employees, at 280, behind British Transport Police’s 208.

The IOPC said the number of allegations could be higher than the number of complaints because each complaint could contain more than one allegation. In North Yorkshire’s case, the total number of allegations against its 3,122 employees was 874, from 282 complaints.

Of those, 370 allegations were about the level of service provided by the police, and 260 were about the use of power, such as to make arrests or to carry out searches.

There were 160 allegations about individual conduct, such as being unprofessional or lacking impartiality.

Thirteen allegations were made about discriminatory behaviour and two complaints were about sexual misconduct.

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However, North Yorkshire Police took the longest of all forces in England and Wales to finalise its complaints. On average, it took 190 days for each complaint, while the next highest were the Metropolitan Police at 157 days and West Midlands Police at 148 days.

The Local Policing Body (LPB) received 61 requests for reviews of the way complaints had been handled and it investigated 39% of these – the fifth highest rate of investigations of decisions by forces around the country.

It found, in 61% of cases, the action taken by the force was “not reasonable and proportionate” after a complaint.

More than 700 complaints against North Yorkshire Police officers in a year

More than 700 complaints were made against North Yorkshire Police officers in a year, the force has revealed.

The 740 complaints from members of the public were made against 352 individual officers between April 2021 and April 2022.

The statistic has been released by North Yorkshire Police as part of its response to national news stories about David Carrick. The Met Police officer had several allegations made against him over a period of 20 years, but did not face any charges or misconduct proceedings at work.

This week, he admitted 49 charges of sexual abuse, including rape, beginning as early as 2003. He was only arrested in October 2021.

The Met has since said more than 1,600 allegations against more than 1,000 officers and staff were being reviewed as a result of Carrick’s case.

A spokesperson for North Yorkshire Police said:

“North Yorkshire Police takes all misconduct allegations extremely seriously and are very aware of the serious damage caused to trust in the police service by recent events in the Metropolitan Police.

“The force has taken a number of measures to improve its already robust vetting process to root out those people who are not fit to serve.

“North Yorkshire Police is one of the few forces that handle complaints independently through the Police Fire and Crime Commissioner’s office to provide an additional level of scrutiny.”

Of the 740 complaints made against North Yorkshire Police officers, the force said there could be several relating to a single incident.

Those complaints did not amount to the same thing as misconduct, it said: some could be about an officer failing to keep a victim of crime updated on progress in their case, for example.

The Stray Ferret asked North Yorkshire Police how many of the complaints were matters of misconduct, or how many related to allegations of sexual offences, abuse, coercive control or other related offences.

We also asked how many complaints were investigated and how many resulted in disciplinary action being taken against the officer, but we had not received a response by the time of publication.

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The force publishes details of gross misconduct hearings on its website. Those cases reveal that, during the same period (April 2021 to April 2022), five police constables, one sergeant and two detective constables were found to have behaved in ways amounting to gross misconduct.

Three of those cases involved inappropriate relationships with victims of crime or other people known to the police. One followed a conviction for possession of indecent images of children.

North Yorkshire Police has been part of a pilot scheme checking all vetted staff against the police national database (PND) every month, aiming to ensure any complaints and contact made with other forces would be noticed by North Yorkshire’s professional standards department.

A recent report by His Majesty’s Inspectorate of Constabulary Fire and Rescue Service highlighted North Yorkshire Police’s efforts in vetting, misconduct and misogyny. It recommended all forces should make use of the PND to check their own officers and staff – and this week, it was announced all forces in England and Wales will begin doing so.

The spokesperson added:

“The vast majority of our officers and staff are honest, hardworking and act with integrity. But we are not complacent and know that there will be a number within our force who are not.

“When misconduct is found, we will take action. We encourage anyone who has any concerns about an officer or staff member they have come into contact with, to please report it to us.”

Harrogate council sees increase in complaints in last five years, says study

Harrogate Borough Council has seen a rise in complaints over the last five years, according to an analysis of local government data.

A study by legal firm claims.co.uk shows that the authority has seen an 18.97% increase in complaints since 2017.

The analysis used figures from the Local Government Ombudsman and showed the most improved council’s across the Yorkshire and Humber region.

According to the study, Harrogate came 19th, below Kirklees Borough Council and City of York Council, out of 19 council where full data was available.

The figures show that the council received on average 3.6 complaints per 10,000 people across the district between 2017 and 2019.

This increased to 4.3 between 2019 and 2022.

Scarborough Borough Council was the most improved with a decrease in complaints of 38.95%, followed by North Lincolnshire Council with 34.62%.

George Patton from Claims.co.uk said:

“Council tax has increased by an average of £67 for Band D properties this year amid the cost of living squeeze.

“Along with the tax hike are residents’ rising expectations towards their local authorities to provide better services.

“Hence, although taking on your council might seem daunting, it’s vital to know your right as a resident and speak out if you feel that your council has failed to deliver a service.”

A Harrogate Borough Council spokesperson said:

“Harrogate Borough Council aims to provide an excellent service to our customers. If we get something wrong, we want to try to put it right quickly and learn from the mistake to help improve services in the future.

“We are generally able to resolve the complaints we receive but sometimes our customers are not satisfied with our response to their complaint and we signpost them to refer their complaint to the Local Government & Social Care Ombudsman (LGSCO).

“The data published by the LGSCO shows that it has received 103 enquiries or complaints relating to Harrogate Borough Council over the last 5 years and made 101 decisions on these referrals.

“Many of these cases were closed after initial enquiries (43), referred back for local resolution (29), or not upheld (11).

“In only nine cases was the complaint against the council upheld.”

In June, the Local Democracy Reporting Service revealed that in 2020/21 13 complaints were made against councillors alone.

There were 11 complaints where a monitoring officer and independent person ruled that investigations were not needed. This included allegations of bullying by a parish councillor.

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‘Eyesore’ Knaresborough green reignites concerns about state of district

Overgrown grass on a community green in Knaresborough was cut this week following complaints from residents.

Homeowners on Appleby Green had described the site as an “eyesore”.

After they raised their concerns with Harrogate Borough Council and contacted the Stray Ferret, the green was finally mown on Monday following a period of more than four weeks.

However, they remain sceptical that the maintenance, which they were promised would be fortnightly, will regularly continue.

The impact of staff shortages on the council’s ability to maintain green spaces, plus its policy to re-wild parts of the district, has divided opinion. Some welcome the return to nature; others feel it looks untidy.

There are 200 houses on the Appleby Green estate, near the Nidd Gorge, with 14 situated around the green, overlooking the area.

Speaking on behalf of a number of homeowners, Stafford Dent said there had been numerous complaints raised over the last three years.

He said:

“It was only last summer when the head of parks and the parks manager visited the site with around 20 residents present.

“A plan of action was agreed with the management team to maintain key areas of the Appleby Estate, including, most importantly, the green.

“It was agreed the green and surrounding areas would be cut every two weeks.

“Unfortunately, Harrogate Borough Council have not kept their promise.

“Our lovely green is becoming an absolute eyesore.”

Appleby Green, before it was cut.

Mr Dent said residents were told by the parks manager that there weren’t enough staff to maintain areas across the district and the teams were working “flat out”.

However, Mr Dent said it had been an ongoing problem over recent years and the council therefore had “more than adequate time to manage staff attrition”.

He added:

“After numerous complaints the residents feel that we are constantly being fobbed off with lame excuses as to why key activities are not carried out on a regular basis.”

‘Striking a balance’

A council spokesman said a programme of work was in place to cut the grass in parks and open spaces, verges and other areas managed by the authority.

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He said this was in addition to maintaining the numerous award-winning floral displays, for which the Harrogate district is well known for and attracts thousands of visitors every year.

He said:

“Like many services across the country, we have vacant positions that is having an impact on our ability to deliver the service as desired.

“Some areas are also being left to grow and not mown as regularly as we want to attract pollinators, encourage biodiversity and create habitats.

“As we’ve said before, this approach is favoured by some and an eyesore to others. So we have to strike a balance to ensure all residents can enjoy the district with the resource we have available.”

Mr Dent said he believed the council had only cut the grass on Monday on the back of “all the noise that has been raised”.

He said:

“I know in a few weeks time we will have the same old problem though, as this is an ongoing issue.

“In addition to sending an email direct to the parks manager, to which I received a response stating that her teams were currently so stretched, I have also logged a formal complaint on the council site. This has been acknowledged by the customer service team and I still await a response.

“It’s the same old issue, not enough staff to cope, but due to this being an issue for a few years, I feel that the management team have had more than adequate time to solve their headcount problem.”

13 complaints against Harrogate district councillors this year

This year, 13 complaints were made against Harrogate district councillors and only one councillor was found to have breached code of conduct rules.

The councillors have featured in a Harrogate Borough Council report which details how the complaints made during 2021/22 were investigated and dealt with.

This was councillor Pat Marsh, leader of the opposition Liberal Democrat group, whose comments secretly recorded during a conversion with a resident amounted to an “unwarranted personal attack” on other councillors, council officers and Harrogate and Knaresborough MP Andrew Jones.

That is according to a separate report, which concluded that Cllr Marsh “had not treated others with respect”.

Cllr Marsh, who represents the Hookstone ward, told the Local Democracy Reporting Service that a complaints panel hearing held in January was “not fairly balanced” because it was made up of two Conservative councillors and one Ripon Independent.

She also said she had a right of freedom of speech and that her comments were “not harmful or disrespectful”.

However, the report concluded that “whilst freedom of speech is important for elected members, there is a need for council to ensure that they do not undermine trust and confidence with ill-judged and inappropriate statements”.

All other councillors involved in the 13 complaints are not named because they are “treated confidentially” unless a panel hearing is held, the council said.

Bullying allegation

There were 11 complaints where a monitoring officer and independent person ruled that investigations were not needed. This included allegations of bullying by a parish councillor.

The report said there had been “historical and ongoing difference of views” between two members of the parish council and that another investigation was “unlikely to resolve the situation”.

A separate complaint alleged that a borough councillor tried to “cajole” the borough council’s planning committee by reading a pre-prepared speech at a meeting.

However, the monitoring officer and independent person ruled that this was “not a cause for concern as it merely demonstrates that a councillor has prepared for the meeting and marshalled their thoughts and arguments”.

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Another complaint claimed that a borough councillor adopted an “unhelpful and obstructive approach” by failing to answer questions during a public consultation.

But this complaint was also not referred for an investigation.

Accusations of lying formed the basis of one complaint which involved a parish councillor who allegedly distributed leaflets containing “inaccurate and misleading information” about a planning application.

This complaint was also closed after a conclusion that there was “no evidence” to support the claims.

Harrogate council dismisses all complaints made against councillors last year

Harrogate Borough Council decided to take no further action against nine complaints that were made against parish and district councillors over the past year.

Council documents reveal a complaint against a parish councillor’s conduct on social media, as well as three others, were dismissed as they related to councillors’ behaviour in a private capacity.

Another complaint about “disrespectful terminology” used to describe another councillor’s comments during a debate was dismissed due to freedom of speech.

The report by Jennifer Norton, head of legal & governance, does not refer to any councillors by name but says five complaints were made against parish councillors and four were against district councillors.

The council has a legal duty to respond to complaints against councillors. When a complaint is made, it is investigated by the council’s “independent person”, Alan Mitcheson, alongside Ms Norton.

In 2019/20 there were 19 complaints made against councillors.

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The Stray Ferret reported last year that several complaints were made against Cllr Ernie Butler, a parish councillor for Darley, after he made comments online where he called for a “White Lives Matter” protest.

Harrogate Borough Council said at the time that its code of conduct does not extend to social media comments made by councillors.

However, his comments were criticised by HBC council leader Richard Cooper. In a council meeting, he called Cllr Butler’s comments “deplorable and just really shocking.”