A local authority has been obliged to pay about £17,000 of taxpayers’ money to a residential care home patient after it was found to have failed to use the correct language when explaining her charges.
North Yorkshire Council has also been recommended to pay the patient’s son £350 “to recognise the distress and anxiety caused” by its decision to treat monetary gifts to her children and grandchildren as capital that should be included when assessing how long she should be responsible for the full cost of her care.
Who should pay for social care remains a pressing issue with the council spending £230m a year on adult social care, equating to about 40 per cent of the authority’s budget.
This year it has received £19m additional grants from the government, but the council has spent an extra £36m on adult social care services.
The Local Government and Social Care Ombudsman said it had “found fault causing injustice” and to remedy the injustice by completing a financial assessment calculating when her capital would have fallen below the £23,250 threshold under which people pay the full costs of their care.
It also recommended the council reviews the financial assessments completed for other service users over the last 12 months where gifting was not deemed to be depriving the public purse of assets.
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While the Care Act 2014 states people should be able to spend the money they have saved as they wish, rules also state councils should ensure people are not rewarded for trying to avoid paying their assessed contribution.
Councils must therefore assess a person to decide whether they have intentionally deprived themselves of assets to avoid paying care fees, for example by making a lump sum payment to someone else as a gift.
The ombudsman’s report states the woman in care had previously gifted no more than £20 to her family, but in the two-and-a-half years following the sale of her property she gifted £19,500.
It is understood the officer who dealt with the assessment had been trying not to inflame a “deprivation of assets” situation and did not use those words when spelling out the reason for taking extra money from the woman.
Councillor Michael Harrison, executive member for health and adult services who is also the Conservative councillor for Killinghall, Hampsthwaite and Saltergate, said:
“We accept the fault that the ombudsman identified in the language we used.
“We need to be very careful if we’re going to make an assessment that someone has deprived themselves of capital to avoid paying social care fees that we are explicit in the language we use.”
The authority undertakes an average of 6,000 financial assessments every year.
Cllr Harrison said:
Tories in Harrogate call for slimmed-down town council“Whilst we accept the ombudsman’s findings, we did disagree that this should be a public report.
“It has cost the taxpayer around £17,000, which is disappointing. It is a costly couple of words, but we are also mindful that we are dealing with people in sensitive circumstances and circumstances that can be quite emotional where people are having to look at their relatives’ finances in quite a cold way.
“Council officers will quite rightly want to treat people with respect, with empathy and due consideration. The learning here is that must not lead us to using words that a family may find difficult if we use if it’s going to cost the taxpayer money.”
Two Conservative councillors have called for the proposed number of people elected to a future Harrogate Town Council should be reduced from 19 to 10.
Cllr Sam Gibbs put forward the idea on behalf of himself and Cllr Michael Harrison at a meeting of the council’s standards and governance committee in Northallerton yesterday.
The two would also like to see councillors elected to a single council without wards, which they believe would allow the new council to work more effectively and not replicate the work of North Yorkshire Council councillors on issues like potholes and streetlights.
North Yorkshire Council is developing proposals to create town councils for Harrogate and Scarborough, which are the only two unparished areas in the county.
Officers have recommended that each of the proposed 10 wards in Harrogate, which are based on current North Yorkshire Council divisions, be represented by two councillors per ward with the exception of Saltergate, which would have one councillor.
But Cllr Gibbs, who represents the Valley Gardens and Central Harrogate division, said he was skeptical of the new council’s potential size, which he said would be “unwieldy”.
He said:
“A smaller number of councillors would be more desirable. It’s important if we create a parish council we get this right.”

The areas in Harrogate which would fall under the new town council.
Cllr Gibbs also said residents do not have attachments with the current council boundaries that would also be used for the town council.
He gave the example of his own division, which was created out of a combination of the old High Harrogate and Low Harrogate wards and includes over 6,000 households.
He said electing councillors to one council area would allow for a more “strategic” approach to local democracy.
However, Monika Slater, the Liberal Democrat councillor for Bilton Grange and New Park, said she was not in favour of their proposals.
She said:
“The idea of having a single election for a handful of councillors representing the town as a whole is one I’m thoroughly against. The feedback I’m getting from residents is they are feeling a disconnect between themselves and North Yorkshire.
“They find it mysterious. They don’t really understand who is making decisions. Setting up a town council is about giving them that connection again.”
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Cllrs Gibbs and Harrison also suggested an option whereby one councillor is elected per ward rather than the two that have been proposed by North Yorkshire Council and this was supported by independent councillor for Filey, Sam Cross.
However, there were warnings from Cllr Slater that if the council decided to change how the town councils are formulated there would have to be a third public consultation which could confuse residents and risk delaying the process.
Councillors voted on Cllr Cross’ recommendation to create one-member wards in Harrogate and Scarborough based around the previous district council ward boundaries.
With the votes tied 3-3, the chair of the committee, Conservative councillor Clive Pearson voted in favour so it was carried.
It was only a recommendation, however, and a final decision to create a town council has not been made yet.
A full meeting of North Yorkshire Council will debate the proposals at a meeting on July 19.
Harrogate councillors renew calls for public involvement in Station Gateway plansCouncillors from Harrogate and Knaresborough have reiterated calls for “meaningful” involvement in the £11.2 million Station Gateway scheme.
The request followed the news that representatives of the Department for Transport and West Yorkshire Combined Authority visited Harrogate yesterday.
They were given a tour of the town centre and shown through plans for major changes to Station Parade and surrounding routes.
Speaking at today’s meeting of Harrogate and Knaresborough area constituency committee, North Yorkshire Council‘s head of major projects and infrastructure Richard Binks said:
“It was the first time they had actually visited the site in person. They were really taken with what they saw.
“They really think the scheme’s fantastic and were showing a great deal of support for the project.”
However, members of the committee expressed surprise that they were unaware the visit was taking place.
At a heated meeting on May, the same committee had agreed to support the project, provided the committee was given “meaningful involvement” in its execution.
NYC’s officers were also asked to meet face-to-face with local residents and businesses, which today’s meeting also heard had not yet happened.
The committee members were presented with a petition of 2,000 signatures opposing the Station Gateway project by local resident Rachel Inchborough, who told the meeting:
“We feel we’ve had a lack of any in-person consultation for residents and it is of a key significance. We’ve been offered a quick Zoom session online, at short notice, to tick boxes.
“Residents feel this was a complete insult.”
Councillors voted in May to support the Station Gateway scheme
Some of the committee members queried the petition’s veracity, saying its signatories included people from as far away as South Africa.
They also pointed out that even 500 local signatures – the threshold needed to have the petition debated by the committee – were not representative of all views from local residents.
Several Conservative members of the committee said they did not want to undermine the original vote in May to support the proposal.
Cllr Michael Harrison, a Conservative who represents Killinghall, Hampsthwaite and Saltergate, added:
“There’s a fundamental point here that this committee passed a resolution that we wanted a meaningful role in the implementation of the scheme.
“The chair is against the scheme. The chair wants to stop the scheme. The chair, despite what this committee said, went to the executive committee and implored them to stop the scheme. The petition wants to stop the scheme. The two things are at odds.
“We’re talking about people who want to stop the scheme, not who want meaningful input in the scheme. You can say what you like, but that’s the fact of the matter.
“I’m quite happy to have a meaningful role in implementing the scheme but we’re kidding ourselves if we think this is what this is.”
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However, other councillors called for officers to uphold the wishes of the committee to engage with the community about the detail of the proposal.
Cllr Monika Slater, a Liberal Democrat who represents Bilton Grange and New Park, said:
“This isn’t about trying to overthrow a motion we already passed at the previous meeting.
“This is genuinely about looking at the concerns of specific individuals and seeing if there are ways of mitigating and therefore bringing more of the public on side of actually supporting a scheme and involving the local councillors much more in that process.”
Councillors voted by eight to four in favour of asking for a full list of meetings to be held with local groups and for committee members to be invited as well. They also supported the proposal of a working group being set up, with representation from both the Conservatives and Liberal Democrats, to focus on the Station Gateway project.
Cllr Chris Aldred, the Lib Dem representative for High Harrogate and Kingsley who put forward the motion, said:
Concern Harrogate charities will lose out with new ‘mayor-lite’ position“This is not designed to stop the scheme. It is designed for a scheme to continue.
“I voted for the original proposal and I’ve always said there are some parts of this scheme I find really attractive, One Arch being one of them.
“I do sincerely believe that we need to demonstrate that we’ve listened to the voices of the people who came to the last meeting, the people who’ve signed this petition.”
The final mayor of the Harrogate borough Victoria Oldham says the new charter mayor position will see charities lose out on profile-boosting visits.
Cllr Michael Harrison was appointed on Monday (April 17) as the charter mayor of Harrogate for the next 12 months.
But his role will be much-reduced from the former Harrogate Borough Council mayor who attended hundreds of events and functions across the district every year.
By contrast, the charter mayor is only expected to attend around a dozen events over the next year. Cllr Harrison described the role as ‘mayor-lite’.
Former councillor and mayor Victoria Oldham attended the meeting at the Civic Centre where she congratulated Cllr Harrison and wished him well.
But after the meeting she told the Local Democracy Reporting Service that organisations in Harrogate will suffer due to the charter mayor’s leaner schedule.
Ms Oldham said:
“I do have my concerns that a lot of organisations in the Harrogate area will miss out on mayoral visits.
“Most mayors have done hundreds of visits and engagements, the charities, the churches and the elderly care homes will obviously not have those visits. They are a stimulus and they do help, let’s just hope it’s only for 12 months.”
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North Yorkshire Council has allocated an annual budget of £12,100 for Harrogate charter trustee business.
However, if a Harrogate Town Council is created, it will assume responsibility for the mayoral position from North Yorkshire Council should it want it.
It could then decide to allocated more money to a mayoral position that would see its role expanded, which Ms Oldham said she would be in favour of.
She added:
“Going forward the citizens of Harrogate will need mayoral representation and I will be fully supportive of a town council being set up.”
Ms Oldham, who was the Conservative councillor for the Washburn ward on Harrogate Borough Council until it was abolished on March 31, also said some people don’t always appreciate the volume of work that went into the mayoral position.
She said:
Councillor Michael Harrison appointed first charter mayor of Harrogate“It’s not just smiling for the photographs and shaking hands. It’s the time, commitment, the caring and being prepared to drop everything and make it work.
“It’s not just about you as mayor, it’s about the citizens, Harrogate, our vibrant festival and hospitality industries, sports and more.”
Councillor Michael Harrison was appointed the first charter mayor of Harrogate at the Civic Centre this morning.
Cllr Harrison is a Conservative who represents Killinghall, Hampsthwaite and Saltergate on North Yorkshire Council.
The non-political role will involve promoting the historic and ceremonial traditions of the Harrogate area during events and occasions such as Remembrance Sunday.
It will differ from the former Harrogate Borough Council mayoral role, which covered the whole of the former borough and undertook a wider range of engagements.
Cllr Harrison described the position as “mayor-lite“. He said:
“We’re doing that deliberately but there needs to be the element of civic duty that will continue. I can assure you I will be doing that.”
The mayor was elected by the Harrogate charter trustees, which are 10 councillors who represent divisions covering the unparished parts of Harrogate town.

Harrogate’s 10 charter trustees
It was a more low-key occasion than previous Harrogate Borough Council mayor-making ceremonies, which were traditionally held each year at Harrogate’s Royal Hall.
Cllr Harrison was nominated for the role by Liberal Democrat councillor for High Harrogate and Kingsley, Chris Aldred, who was also appointed charter deputy mayor during the meeting.
Cllr Aldred said:
“Some observers may expect us to nominate one of our own but it’s also equally important to prove that charter trustees are actually non-political in order to continue the civic traditions and heritage of Harrogate. I’m sure Michael will do that and be a great ambassador for the town.”

Cllrs Michael Harrison and Chris Aldred
Cllr Harrison’s first engagement as charter mayor will be at the unveiling of new sculptures at the New Zealand garden in Valley Gardens this month.
He will also attend ANZAC memorial day at Stonefall Cemetery.
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Ceremonial robes and chains most recently used by the last Harrogate borough mayor, Victoria Oldham, will be used by the charter mayor.
But he won’t be entitled to perks enjoyed by previous council mayors such as having a chauffeur-driven car to get to events.
The new council has allocated an annual budget of £12,100 for Harrogate charter trustee business.
However if a Harrogate Town Council is created, it will assume responsibility for the mayoral position from North Yorkshire Council should it want it.
The charter trustees will meet again in October. Cllr Harrison said at the next meeting the charter trustees will make a suggestion to North Yorkshire Council on what the council tax precept for the town council might be.
Consultation documents for the town council state Harrogate households would be asked to pay between £40 and £60 on top of their council tax each year if a Harrogate Town Council were created.
The budget would be spent on accommodation, employment costs, office and IT equipment, insurance, professional fees, the mayor and delivering services.
What those services might be are still to be decided but it would likely involve taking control of assets once held by the abolished Harrogate Borough Council.
County council plans programme to tackle children being ‘enticed’ to vapeA public health boss has revealed how an educational programme to counter the social media marketing of vaping products to children was being developed, amid growing concerns about the number of youngsters being “enticed” into using e-cigarettes.
Cllr Michael Harrison, North Yorkshire County Council’s executive member for health and adult services, announced the move following the leader of Selby District Council questioning what action could be taken to reverse an apparent escalation in children vaping.
Cllr Mark Crane told a meeting of the county authority he was seeing more and more young people using vaping products, adding:
“I see them in school uniforms and I also see ones that seem very young to me.”
A NHS survey in 2013 of 10,000 children found three per cent of children aged 11 to 15 had vaped, but last year the figure had risen to 10%.
Cllr Crane was speaking days after England’s chief medical officer called for a clampdown on firms who use social media sites, such as Tik Tok, to market colourful e-cigarettes with flavours such as pink lemonade and strawberry, banana and mango to youngsters.
Sir Chris Whitty told MPs it was beyond doubt that firms were designing vapes to appeal to children, branding their actions “appalling”.
It is believed e-cigarettes have increased in popularity with children due to their relatively low cost, bright colours and fruit flavours.
Last month, the leader of neighbouring council Stockton, Councillor Bob Cook said the authority would lobby for more regulation on vaping following concerns over growing under-age use of the products.
Meanwhile, Dr Elizabeth Garthwaite, a kidney specialist and clinical director at Leeds Teaching Hospitals, has told teenagers at Ripon Grammar School that an increasing numbers of young people were presenting to hospital with problems associated with addiction and vaping.
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She said while vaping products were initially designed as a nicotine replacement to help smokers break their addiction, vaping was far from harmless.
Cllr Harrison said there was “certainly something national government could do” to tackle the marketing, but the council was intent on educating people about the dangers of vaping.
He said:
“It is illegal to sell vape materials to under-18s, but it is clear that there is marketing going on that is enticing under-18s to take up vaping…”
The meeting was told the authority’s public health team were working on a programme of education and awareness which would be rolled out across our schools and young people in the coming months.
Cllr Harrison said the authority recognised the place of e-cigarettes in helping people to give up smoking, but the council’s educational campaign would stress that neither habit was healthy.
Underlining the scale of the challenge to educate young people, he added:
Social workers recruited from Zimbabwe and South Africa begin work in Harrogate“You are fighting a battle if there’s advertising that is more prevalent on social media than mainstream media.”
Social workers recruited from Zimbabwe and South Africa to help plug the social care staffing crisis in North Yorkshire have begun working in Harrogate.
Adult social care has been experiencing well documented recruitment problems in recent years, which has left some providers struggling to hire qualified social workers.
It has previously been reported that on any given day there are at least 1,000 care jobs available across the county.
To address this, a North Yorkshire County Council report said the authority ran several large recruitment campaigns in the UK for more than 30 social worker vacancies but had “very limited” success.
It found recruits were also often newly qualified social workers and not yet ready to manage more complex work.
The report said that with full-time roles unfilled, expensive agency workers have also been used.
Since August, the council has overseen an international recruitment drive with the aim of hiring 30 social workers and five occupational therapists.
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The first cohort of social workers arrived in Harrogate towards the end of last year and the second cohort arrived in January and February of this year.
The new arrivals have been given three weeks of training and have also been allocated a “community buddy” to help them settle into their new country.
North Yorkshire County Council’s executive member for health and adult services, Cllr Michael Harrison, who is also the Conservative councillor for Killinghall, Hampsthwaite and Saltergate, said:
Safety audit to be carried out at Killinghall junction“We have recruited 29 qualified social workers from South Africa and Zimbabwe using a network of specialist agencies and working alongside other councils.
“They will work across the county in what is a great opportunity to help this group of professional social workers further their career in North Yorkshire whilst filling vacancies in specialist areas where there is a national workforce shortage.
“We will monitor the success of this recruitment campaign closely, whilst continuing to advertise our current vacancies regionally and nationally.”
A formal safety audit is to be conducted at a Killinghall junction after a pedestrian was hit by a vehicle last week.
The news was revealed at a packed meeting last night of Killinghall Parish Council, at which residents vented frustration about safety at the notorious Ripon Road and Otley Road junction.
Michael Harrison, a Conservative who represents Killinghall, Hampsthwaite and Saltergate on North Yorkshire County Council, told the meeting:
“I have a commitment from the county council to do a formal safety audit. It will be proper highways modelling to see what options they will come up with.”
Cllr Harrison added the county council, which is the highways authority, had said it would come up with proposals in three months.
He said he shared residents’ concerns about the junction but admitted he didn’t know the solution, adding.
“If it was obvious there’s no doubt we would have done it.
“I don’t think anyone in this room knows the solution, unless it was a bypass, and I have to say there isn’t support for that.”
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Parish council chairman Anne Holdsworth said plans were approved for a Killinghall bypass in 1937 and the village had been campaigning unsuccessfully for one ever since.
One resident told the meeting the person injured on the crossing outside the Greyhounds Inn last week had suffered a broken ankle and was on crutches.
Most people at the meeting agreed speed was a problem at the junction and in the wider village but there was little consensus over what to do.
Opinions included a 20mph limit, a mini roundabout and traffic lights. There were also concerns about the location of the pedestrian crossing and the bus stop as well as the new Tesco Express entrance.
Accident reignites calls for traffic lights at ‘horrendous’ Killinghall junctionA collision involving a pedestrian this week has reignited debate about what can be done to improve safety at a bottleneck junction in Killinghall.
The Ripon Road and Otley Road junction has been added to the agenda of Monday’s Killinghall Parish Council meeting in the wake of the accident.
It may be a new agenda item but it is an old topic, as parish council chairman Anne Holdsworth is only too aware. She says:
“I’ve lived in the village since 1961 and that junction has always been a problem.
“People in the village have been anticipating a collision like this. It’s horrendous but the question is, what do you do?
“I’m not sure what the solution is. All we can do is draw attention to it to the experts.”
The junction is frequently snarled up at rush hour so there are concerns about traffic flow as well as safety.
Vehicles turning right from Otley Road or turning right on to Otley Road often face particularly long delays, and the addition of the Tesco Express — although widely welcomed in the rapidly-expanding village — has added another dimension to drivers’ thoughts at the junction.

Turning right on to Otley Road
North Yorkshire County Council, the highways authority, considered installing traffic lights pre-covid but nothing happened.
Cllr Michael Harrison, a Conservative who represents Killinghall, Hampsthwaite and Saltergate on the county council, said the traffic lights plans were “paused” due to work on the Tesco Express, which opened last year. Cllr Harrison added:
“I have asked the council highways team for an update on this.
“I have previously voiced concerns about potential congestion that signalising that junction might cause, although obviously that has to be balanced against safety concerns which are more apparent since the pub was converted to a Tesco.”
Tackling speed ‘the priority’
Villagers agree it’s time for action — but what is the solution?
Harvey Radcliffe said the junction was “poorly designed and an accident waiting to happen”, adding:
“It’s only a matter of time before someone gets killed. I’ve lived in the village for 12 years and I’ve never seen driving like it recently. I’m genuinely concerned for the kids and older residents of the village.”
Mr Radcliffe said speed prevention measures were the first priority. He said adding traffic lights and moving the bus stop that is close to the Tesco entrance, would help. He added:
“Everyone’s in a rush but when you drive in a populated area, if there is one straight road the quality of driving becomes worse as people just see it as a race track, especially at night. I’ve seen taxis doing 60 or 70mph down Ripon Road.”

The Tesco Express has created another factor for drivers to think about.
A mini roundabout, similar to the ones that have improved traffic flow at Bond End, has been suggested but Killinghall resident Tom Beardsell, who recently posted a video on social media highlighting the problems facing motorists at the junction, isn’t keen. He said:
“There would be more accidents with a mini roundabout as most people don’t know how to use them.”
Mr Beardsell said locals were “absolutely fuming” following this week’s collision and suggested introducing smart lights that allowed traffic to flow on the A61 most of the time but changed when someone pulls up at Otley Road. He said:
“It will disrupt traffic flow but it will be safer.”
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Former parish councillor Mike Wilkinson also thinks it’s time for traffic lights.
“As a resident and parent living in Killinghall, l am daily concerned that a fatality at the junction of Ripon/Otley Road will occur due to the unsafe driving witnessed on a daily basis.
“Incidents have been reported to the police and also Harrogate Borough Council but no safety measures have been put in place to give reassurance to the Killinghall residents. I would like a meeting to be set up with relevant agencies and the public to share the recent issues
“Traffic lights would be the best option, and this would stop traffic rushing through the junction especially trying to turn right from Otley Road onto Ripon Road.”
Whatever the parish council calls for this week, the final decision will rest with North Yorkshire County Council, and North Yorkshire Council — which will succeed it on April 1.
Second consultation to be held on whether to form Harrogate town councilA second consultation is to be launched into the creation of a Harrogate town council.
North Yorkshire County Council will write to households across Harrogate as part of an eight-week survey starting on February 20.
Harrogate and Scarborough are the only parts of North Yorkshire which do not have a parish or town council.
The second consultation is expected to be more detailed than the first one, which merely invited people to say whether they supported the idea.
Residents will be sent information including the number of councillors, assets and reasons for why it is needed.
A further survey on the matter was approved by senior county councillors today.

The areas in Harrogate which would fall under the new town council.
Cllr Michael Harrison, the Conservative executive member for health and adult services who represents Killinghall, Hampsthwaite and Saltergate, said while he supported the second consultation, he had reservations over the town council.
He said:
“Members will be aware of my concerns more generally about proceeding to the next stage of consultation. I have made my views both informally and on a one-to-one basis.
“We are removing a layer of local government by moving to a unitary authority and we are immediately going to be replacing it in the Harrogate area with another, so there is an underlying concern there.
“We are creating a likely future tax liability on a population without any real idea of what that tax would be or what the residents would get for paying that tax and I think that was one of the comments that came back in the consultation.”
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However, Cllr Harrison added he understood it would be “an anomaly” to leave an unparished area in a county full of parish areas.
He said:
“I do acknowledge that there is an aspiration for double devolution with the new unitary council which clearly you could not achieve without a town or parish council for Harrogate.”
The consultation is set to be held instead of a local referendum, which the county council said was not “legally possible” after a request from Harrogate Borough Council.
The county council added it could not “fetter its discretion” to hold a referendum and that a further survey of residents may elicit a similar outcome.
Cllr Harrison told senior councillors that it was “vital” that every household was written to as part of the consultation in the absence of a referendum.