An 81-year-old pensioner who spent three years and £50,000 in a legal dispute with Derbyshire County Council over access to her property now faces a new challenge after the council placed large concrete blocks near her home.

Helene Ball, a retired teacher who has lived at her Matlock residence since 1967, initially took legal action after discovering in April 2023 that the council had installed a metal fence across a 3-foot 3-inch gap in her rear garden wall. The gap provided access to a council-owned car park, which Mrs. Ball and her family had used for over 40 years. She successfully argued that her use of the access constituted prescriptive rights, with a judge ruling in her favor and ordering the council to pay her costs estimated at around £50,000. The court also mandated that her pedestrian and vehicular access be maintained and protected.

Despite the ruling, Mrs. Ball found that Derbyshire County Council had placed 54 large concrete blocks, described as “Lego-style,” along the narrow road and grass verge adjacent to her property. These blocks, about two feet high, obstruct the roadway behind her house, making it difficult for vehicles to pass or turn around. Mrs. Ball described the council’s actions as “petty” and “spiteful,” asserting that they have made it nearly impossible to use the access despite the court’s decision.

The fence was installed three years ago shortly after the second anniversary of the death of Mr. Ball, Mrs. Ball’s late husband. The family's legal representatives deemed the fence installation a “completely unnecessary act of aggression.” The disputed access route once led to a car park that local residents were allowed to use on weekends; however, the car park was closed three years ago as the council pursued plans to sell the land for housing development.

In his ruling, Judge Robert Brown criticized the council’s legal approach, describing their defense as “surprisingly combative” considering the limited evidence presented. He also characterized parts of the council’s legal submissions as “totally irrelevant” and “most unhelpful,” with the overall litigation deemed “pugnacious.”

Now preparing for a further legal confrontation to compel the removal of the concrete blocks, Mrs. Ball’s son David, who is assisting her with legal matters, said the council has failed to act in accordance with the law. “She won her case but the council have made it impossible for her to use the access road,” he said, noting the access had been used since the 1960s.

Derbyshire County Council, which is governed by the Liberal Democrat, Labour, and Green coalition, acknowledged that erecting the original fence had been “unreasonable.” A council spokesperson declined to comment specifically on matters settled in court but emphasized the authority’s responsibility to protect its interests in public assets, including land it owns and manages on behalf of local residents. The council stated that its actions are guided by statutory duties to defend access rights and property under its control.