By Carole Dennett
The Ministry of Justice (MoJ) has refused to answer questions about whether it is breaching the legal rights of prison estate residents and other Islanders in installing concrete bollards across Clissold Road in Parkhurst.
The bollards, placed during recent roadworks on Horsebridge Hill, have not been removed since the roadworks were completed and are obstructing access to Parkhurst Road for dozens of households. Reportedly 100 residents have a clause in their property deeds granting them and their successors “the right of way… at all times” via Clissold Road.
The IW Observer sent a detailed inquiry to the MoJ, which owns the road. We asked who authorised the obstruction, whether residents were consulted, and how the roadblock affects their legal access rights. The Ministry’s response? “No comment.”
One affected resident, Margaret Cassell, explained: “All we want is an answer from the Ministry of Justice as to why our road has been blocked.”
But the issue may extend beyond private property rights. Under the “20-year rule,” or prescriptive easement, the public can acquire a legal right of way if there has been uninterrupted, open use of a road for 20 years. Section 31 of the Highways Act 1980 confirms this principle. If Clissold Road has been used by the public in this manner – as many people claim – then the MoJ may also be breaching public rights of way.
Local councillor, Andrew Garrett, explained: “Initial communications suggested the blocks were temporary and related to roadworks. Now we’re told it’s a security measure linked to the prison site – yet no formal clarification has been provided,” he said.
“Attempts to engage with the MoJ have been met with complete silence, and the prison simply directs us to the MoJ. Just because Clissold Road is privately owned does not mean it isn’t a public highway. Residents and local representatives deserve to know what powers have been used to justify this action.
“As a pragmatic optimist, I believe in constructive dialogue and practical solutions. But the lack of transparency and unwillingness to answer reasonable questions is deeply disappointing.”
IW West MP Richard Quigley is also unhappy about the issue. He said: “The issue is the blockades were introduced as a temporary measure in response to and concern over the estate being used as a rat-run during the works on Horsebridge Hill. Disappointingly, the barriers look set to stay.
“My concern is that, to the best of my knowledge, there has been no engagement with affected residents. Instead, the MoJ has restricted residents’ access, and it is disproportionately affecting disabled residents.
“I have urged the Minister and the MoJ to look into this as a priority and reconsider whether permanent restrictions are appropriate. And regardless I want to see better consultation and engagement with residents.”
Cllr Garrett added: “If the Ministry of Justice won’t answer questions about the law, who will?”
