An 81-year-old Matlock resident, Helene Ball, won a first-tier tribunal after Derbyshire County Council cemented a metal panel across a 3ft gap in her rear wall in April 2023. The tribunal found a gate had been in use since the 1960s, establishing a right of way, and ordered the council to pay £50,000 in legal costs. Although the wire barrier was removed within a year, vehicle access remained blocked during the case; Judge Robert Brown described some council evidence as "surprisingly combative."
Pensioner Wins £50,000 After Council Cemented Fence Across Her Garden Access
Helene Ball at the gate that has allowed access to her garden for many years. The council earlier blocked it off for a time
An 81-year-old retired teacher, Helene Ball of Matlock, has won a first-tier tribunal after Derbyshire County Council workers cemented a metal fence panel across a 3ft gap in her rear wall in April 2023, blocking her garden access.
At the tribunal Ms Ball successfully demonstrated that a gate at the property had been in regular use since the 1960s. The panel concluded that a right of way existed and ordered the council to pay £50,000 in legal costs.
The wire fence was removed within a year, but Ms Ball's legal action was resisted by the council
Although the wire fence was removed within a year, vehicle access along the lane remained blocked for the duration of the legal process. The council has since created a route through the site for Ms Ball; the land is being marketed as a small housing development.
"I have taught nine, 10- and 11-year-olds all my life, but I never expected the council to act so babyish. It has been beyond childish," Ms Ball said after the ruling. "It is absolutely shocking behaviour. They did everything they could to bully me... This has given me three years-plus of stress but now we have proven they blocked our rights."
In his written decision, Judge Robert Brown noted that some of the council's evidence was "surprisingly combative." The dispute began under the council's former Conservative administration; later stages and the tribunal hearing occurred after leadership changed to Reform UK. The council was contacted for comment.
Case significance
The ruling affirms the importance of long-standing use in establishing rights of way, and serves as a reminder that local authorities can be held liable for blocking public or private access without proper legal basis. Ms Ball's victory also highlights the potential legal costs local authorities may face when disputes are pursued in tribunal.
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