Mother settles legal action over air pollution death

A woman whose nine-year-old daughter was the first person in the UK to have air pollution recognized as the cause of death has settled a lawsuit against the government for an undisclosed amount.

Rosamund Adoo-Kissi-Debrah's daughter Ella suffered a fatal asthma attack in 2013.

In 2020, Southwark Coroner’s Court found Air pollution “contributed significantly to Ella’s death.”

The government told Ms Adoo-Kissi-Debrah it was “truly sorry for your loss” and said it was committed to implementing an “ambitious clean air strategy”.

Ella, who lived 25 meters (82 feet) from South Circular Road in Lewisham, southeast London, suffered an asthma attack after being exposed to excessive air pollution, coroner Philip Barlow concluded.

In a narrative ruling, he said nitrogen dioxide (NO2) levels near Ella's home exceeded World Health Organization and European Union guidelines.

The inquest heard that in the three years before Ella's death, Ella had several seizures and was hospitalized 27 times.

Her late daughter's estate, for which Ms Adoo-Kissi-Debrah is administrator, sued the Department for Environment, Food and Rural Affairs (Defra), the Department for Transport and the Department for Health and Social Care for damages arising from Ella's “illness and illness”. . premature death.”

Ms Adoo-Kissi-Debrah said: “I have been fighting for justice for Ella for over 14 years. Firstly, to find out what is making them so seriously ill and secondly, to raise awareness of the dangers of air pollution.”

“Nothing will ever replace the pain and suffering Ella endured or the trauma of losing a beloved daughter and sister at such a young age.”

“The loss to our family is immeasurable.”

Accompanied by Ella's siblings, Ms Adoo-Kissi-Debrah met Emma Hardy, a minister at the Department for Environment, Food and Rural Affairs (Defra), on Thursday morning.

“I told Ms Hardy today that much more urgently needs to be done to improve our air quality and that I stand ready to help her and the Government tackle a public health crisis,” she said.

Ms Adoo-Kissi-Debrah has called on the government to introduce “Ella’s Law”, which aims to include the “right to clean air as a fundamental human right”, among other measures.

A statement on behalf of Defra, the Department for Transport and the Department of Health and Social Care said: “Little children like Ella should not have to suffer in our air.”

“Your words have had a significant impact both in this litigation and in your public campaign.”

It said the government was “truly sorry for your loss” and expressed “our thoughts and deepest condolences” to Ms Adoo-Kissi-Debrah, Ella's siblings and everyone who knew her.

The statement continued: “We are committed to implementing a comprehensive and ambitious clean air strategy, including a range of emissions reduction measures, to reduce everyone’s exposure to air pollution.”

The government is also committed to reviewing the way air quality information is communicated to the public.

When the Supreme Court challenge was first announced in January under the previous Conservative government, departments said they would contest the action.

Ruth Waters-Falk, a lawyer at Hodge Jones & Allen who filed the civil lawsuit on Ella's estate, told BBC London that the settlement “does not set legal precedent” but “shows that with the right evidence, governments can be held in place.” “to explain their failures regarding air pollution”.

“I can certainly imagine similar claims being made if the government does not take action to protect our environment and then this impacts people’s health and lives,” she said.

“We know that air pollution has a significant impact on our lives… and the government has a clear responsibility to improve air quality in the UK.”