A woman whose nine-year-old daughter became the first person in the UK to have air pollution found to be a factor in her death has said she wants a formal apology for her daughter’s suffering, as her High Court case against the government is set to go to trial.
Rosamund Adoo-Kissi-Debrah’s daughter Ella, from south-east London, suffered a fatal asthma attack in 2013.
In 2020, Southwark Coroners Court found that air pollution had “significantly contributed” to Ella’s death.
A government spokesperson said: “The death of Ella Adoo-Kissi-Debrah is a tragedy and our thoughts are with her friends and family.”
Her daughter’s estate, of which Ms Adoo-Kissi-Debrah is the administrator, is now suing three government departments for compensation for Ella’s “illness and premature death”.
Ella, who lived 25 metres (82 feet) from the South Circular Road in Lewisham, suffered an asthma attack after being exposed to excessive air pollution, coroner Philip Barlow concluded.
In a narrative verdict, he said nitrogen dioxide (NO2) levels near Ella’s home had exceeded World Health Organisation and European Union guidelines.
The inquest heard that in the three years before Ella’s death she had suffered multiple seizures and had been admitted to hospital 27 times.
Ms Adoo-Kissi-Debrah’s lawyers have previously told the court that the personal injury case – “the first claim of its kind” – was “not about money” but focused on “seeking redress for Ella’s death”.
His lawyers estimate the case is worth £293,156 in potential damages, but the government, which is opposing the claim, estimates it is worth £30,000 if successful.
At a preliminary hearing in London on Monday, lawyers discussed issues raised in the case ahead of an estimated 10-day trial, which is due to take place at a later date.
Mr Justice David Cook made case management orders regarding the future of the initial legal action.
Speaking afterwards, Ms Adoo-Kissi-Debrah said her legal action against the ministers would be to “put them on the spot” and establish 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 Mayor of London, we expect the same from the government,” she said.
She “suffered a lot,” Ms Adoo-Kissi-Debrah said, adding: “It’s very sad to see how much she really missed out on, it was a life really cut short. That will never go away.”
She said “little has happened” since the coroner’s report about preventing future deaths.
Ms Adoo-Kissi-Debrah highlighted the outgoing government’s goal of reducing exposure to harmful air pollutants by 2040, but added: “A child born today will not benefit from clean air until the age of 16, which is still a long way off.”
“It’s time to launch a public health campaign”
She added that it was difficult to comment on the new government’s approach after only a few days in power, but said: “We were told that a clean air law 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 achieve much.”
She called on departments to work together and consider the coroner’s report and evidence gathered during the Covid pandemic on the impact of air pollution.
“It is high time we had a public health campaign on 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 dispute this claim.
Government lawyers have previously denied that her actions “constitute a violation of human rights” and have also denied that such an alleged violation, if proven, would “cause Ella’s injuries and death.”
A government spokesperson said: “The death of Ella Adoo-Kissi-Debrah is a tragedy and our thoughts are with her friends and family.”
