BBC
A woman whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death says she wants an official apology over her daughter’s suffering, as her High Court claim against the government heads to trial.
Rosamund Adoo-Kissi-Debrah’s daughter Ella, from south-east London, had a fatal asthma attack in 2013.
In 2020, Southwark Coroner’s Court found that air pollution “made a material contribution” to Ella’s death.
A government spokesperson said: “Ella Adoo-Kissi-Debrah’s death was a tragedy and our thoughts remain with her friends and family.”
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Her daughter’s estate, over which Ms Adoo-Kissi-Debrah acts as administrator, is now suing three government departments for compensation over Ella’s “illness and premature death”.
Ella, who lived 25m (82ft) from the South Circular Road in Lewisham, suffered the asthma attack after being exposed to excessive air pollution, coroner Philip Barlow concluded.
In a narrative verdict, he said the levels of nitrogen dioxide (NO2) near Ella’s home had exceeded World Health Organization and European Union guidelines.
The inquest heard that in the three years before Ella’s death, she had multiple seizures and was admitted to hospital 27 times.
Ms Adoo-Kissi-Debrah’s lawyers previously told the court that the personal injury case – “the first claim of its kind” – is “not about money”, but focused on “seeking vindication for the death of Ella”.
Her lawyers estimate the case to be worth £293,156 in potential damages, but the government, which opposes the claim, believes the claim is worth £30,000 if successful.
At a preliminary hearing in London on Monday, lawyers discussed issues in the case ahead of an estimated 10-day trial, due to take place at a later date.
Judge David Cook made case management orders over the future of the early-stage legal action.
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Speaking afterwards, Ms Adoo-Kissi-Debrah said her legal challenge against ministers would be about “holding their feet to the fire” and establishing a “legal right to clean air”.
She said she wanted “an apology, first and foremost… for what Ella went through”.
“We got it from the London mayor, we expect the same from the government,” she said.
Ella “suffered greatly”, Ms Adoo-Kissi-Debrah said, adding: “It’s very sad how much she has genuinely missed out on, it was a life truly cut short. That will never go away.”
She said “not a lot has much happened” since the coroner’s prevention of future deaths report.
Ms Adoo-Kissi-Debrah noted the outgoing government’s target of cutting exposure to harmful air pollutants by 2040, but added: “A child born today would not get clean air until they are 16, which is a long way off.”
‘Time we had a public health campaign’
She added it was difficult to comment on the new government’s approach after only a few days in office but said: “We were told that a Clean Air Act was going to be in a manifesto. There was nothing in the manifesto.”
Ms Adoo-Kissi-Debrah said a change in the law was needed, adding: “You can be the best campaigner in the world but unless you have legislation I don’t think it’s going to amount to much.”
She called on government departments to work together and to look at the coroner’s report and evidence collated during the Covid pandemic about the impact of air pollution.
“It’s high time we had a public health campaign about the impact of air pollution on health,” she said.
The Department for Environment, Food and Rural Affairs, the Department for Transport and the Department of Health and Social Care are disputing the claim.
Government lawyers previously denied its actions “amount to a breach of human rights” and also denied any such alleged breach, if proven, would be “causative of Ella’s injuries and death”.
A government spokesperson said: “Ella Adoo-Kissi-Debrah’s death was a tragedy and our thoughts remain with her friends and family.”
