Council Accused of Surveillance After Eldery Mother's Legal Victory

An official at Derbyshire County Council instructed staff not to provide documents to David Ball, who was assisting his mother Helene Ball, 81, in a legal dispute with the council over her garden gate. Internal emails, disclosed following a data subject access request, also show that staff were asked to log Mr. Ball's visits, arrival times, and the information he sought.

Mr. Ball described the revelations as deeply unsettling, stating, "When I received the Subject Access Request material and realised they had been tracking my visits, sharing my emails, and accessing my private information, my stomach sank – I felt physically sick." He added, "This is Derbyshire, not North Korea. No resident should ever find themselves being monitored by their own council for simply asking questions."

The dispute began in April 2023 when Helene Ball returned home to find a fence had been erected over her back garden gate, blocking access to an adjoining council-owned car park. Mrs. Ball, a resident of Matlock since 1967, and her family had used this route for nearly six decades. She argued that her continuous use had established a prescriptive right to access.

A judge later ruled in Mrs. Ball's favour, confirming her access rights and ordering the council to pay approximately £50,000 in legal costs and ensure the access remained unobstructed. Shortly after this judgment, the council installed 54 large concrete blocks, described as 'Lego-style,' outside her home. The council stated these were to reinstate Mrs. Ball's access, but her son viewed them as further harassment.

Allen Shepherd, identified as the council's head of estates and corporate property, was reportedly the officer who initially instructed colleagues to block Mrs. Ball's gate and subsequently directed staff to withhold information from Mr. Ball. In one email, Shepherd stated, "The Council are not obligated to provide any of this information, therefore please can I ask you desist from providing any further information as it could well work against us." He also requested copies of all Mr. Ball's requests and any information previously sent to him.

Mr. Ball was specifically seeking information regarding signage at the car park, which he believed could be relevant to their claim for prescriptive access. Internal communications show staff at the records office noting Mr. Ball's visits and discussing his presence.

Shepherd had previously been criticized by the judge in the case, who described his evidence as consisting of "unsubstantiated assertions" and called him "surprisingly combative."

A spokesperson for Derbyshire County Council stated that Mr. Ball received the information he requested during his visits to the Record Office. The spokesperson added, "We are sorry that Mr. Ball feels he was under surveillance. Attendance at the Record Office is recorded as part of standard procedures to ensure the security of records and the appropriate management of access to archive materials. These arrangements apply to all visitors and are not specific to Mr. Ball."