Retired Teacher Faces New Battle After Council Blocks Access Route Post-Legal Victory

Helene Ball, an 81-year-old retired teacher, is embroiled in a new dispute with Derbyshire County Council after the authority installed large concrete blocks along an access route near her home. This development follows a three-year legal battle, costing approximately £50,000, during which Mrs. Ball successfully fought for her right to use a gate and pathway she had accessed for decades.

Mrs. Ball, who has resided at her Matlock home since 1967, discovered in April 2023 that a metal fence had been cemented over a 98cm gap in her rear garden wall. This gap provided access to an adjoining council-owned car park, a route Mrs. Ball and her family had used without objection for over 40 years. She argued that this consistent use established prescriptive rights to access the pathway.

A judge ultimately ruled in her favor, mandating that the access be officially recorded on the land deed. The council was also ordered to cover Mrs. Ball's legal costs, estimated at £50,000, and to ensure her pedestrian and vehicular access remained unimpeded.

Despite this legal victory, Mrs. Ball was dismayed to find 54 large, concrete blocks, described as 'Lego-style,' placed along the narrow road and grass verge behind her property. She characterized the council's actions as "petty" and "spiteful," stating that while the judge granted her right of access by foot and car, the new blockade makes it impossible to drive a car up the road and turn around.

The initial fence installation occurred two weeks after the second anniversary of her late husband Brian's death, a timing her family considered an "unnecessary act of aggression." The car park, previously accessible to residents on weekends, had been closed three years prior when the council considered selling the land for housing.

Judge Robert Brown, in his ruling, criticized the council's legal representation as "surprisingly combative" given its "limited evidence" and "unsubstantiated assertions," deeming parts of their arguments "totally irrelevant" and "most unhelpful."

Mrs. Ball is now preparing for a further legal challenge to have the concrete blocks removed. Her son, David, who is assisting with legal matters, stated that the council has not acted in the spirit of the law and that their legal team is investigating whether access to his mother's home is being obstructed.

Derbyshire County Council acknowledged that erecting the original green fence was "unreasonable." A spokesperson commented that it would be inappropriate to discuss matters considered by the court, but affirmed the council's duty to safeguard its legal interests in public assets and its responsibility to carefully consider and defend actions concerning council-owned land or access rights, guided by statutory duties.

The initial fence installation and legal challenge were initiated under a previous Conservative administration, with the case continuing and concluding under Reform UK control.