Derbyshire County Council ordered to pay £50,000 over garden access dispute

Derbyshire County Council has been ordered by a first-tier tribunal to pay £50,000 in legal costs after blocking a pensioner's access to her garden. Helene Ball, an 81-year-old retired teacher from Matlock, successfully argued that she held a formal right of way through a gap in her rear wall that had been in use since the 1960s.

The dispute began in April 2023 when council workers cemented a metal fencing panel into position, sealing the entrance. Although the fence was removed within 12 months, the legal battle lasted over three years, during which time Ms. Ball was unable to drive from her property to the street.

Judge Robert Brown noted that some evidence provided by the council was “surprisingly combative.” Ms. Ball described the council's conduct as “absolutely shocking” and “childish,” stating that the ordeal caused her significant anxiety. The council has since established a route for Ms. Ball through the site, which is currently being prepared for sale as a small housing development.