Air pollution death settlement is not a win - mum

Ella Adoo-Kissi-Debrah died from a fatal asthma attack in 2013

A mother whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death said she was "never going to win" despite settling legal action with the government.

Ella Adoo-Kissi-Debrah died following an asthma attack in 2013, with an inquest later finding air pollution "made a material contribution" to her death.

Her mother Rosamund said settling the action for an undisclosed sum was not a win "because your child is already dead", but it did provide "an acknowledgement" of what happened to her.

The government said it was "truly sorry" for Ms Adoo-Kissi-Debrah's loss and that it was committed to delivering an "ambitious clean air strategy".

Ella, who lived 25 metres (82ft) from the South Circular Road in Lewisham, south-east London, suffered an 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.

Her late daughter's estate, which Ms Adoo-Kissi-Debrah acts as administrator for, sued the Department for Environment Food & Rural Affairs (Defra), the Department for Transport and the Department for Health and Social Care, for compensation over Ella's "illness and premature death".

Rosamund Adoo-Kissi-Debrah attended the meeting with Ella's siblings, who she said were part of her motivation for seeking justice

Ms Adoo-Kissi-Debrah said the settlement was going to take a while to sink in "because I’ve been fighting for so long", adding that the apology was "not going to bring Ella back".

"It's a David and Goliath situation. I was never going to win. You can’t win because your child is already dead.

"But it was about the recognition, the justice, and I wanted them to do something."

She told BBC London "the moment I decided to push for an apology was when our KC at the inquest, who is now the attorney general, equated Ella’s injuries to torture".

Ms Adoo-Kissi-Debrah added that the case had "affected my health, all the stress", but said she was "glad I did it and it answers a lot of questions for us about our health".

"It’s the acknowledgement of what happened to her. The fact that someone can become so ill so suddenly, and something horrific happen to them."

"I’m going to say it again and again. Ella isn’t the only one," she continued.

"The fact that in 2024 children continue to die from asthma is not acceptable."

Ella was classified as disabled due to her respiratory problems

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

"I have told Ms Hardy today that so much more needs to be urgently done to improve our air quality and that I stand ready to assist her and the government to tackle what has become a public health crisis," she said.

Ms Adoo-Kissi-Debrah has urged the government to introduce "Ella's Law", which she wants to include the "right to breathe clean air as a basic human right", among other measures.

A statement issued on behalf of Defra, the Department for Transport and the Department for Health and Social Care said: "Young children like Ella should not have to suffer because of our air.

"Your words, both in this litigation and in your public campaigning, have made a considerable impact."

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 added: "We are committed to delivering a comprehensive and ambitious Clean Air Strategy including a series of interventions to reduce emissions so that everyone’s exposure to air pollution is reduced."

It said the government was also committed to a review into how air quality information is communicated with members of the public.

When the High Court action was first announced in January, under the previous Conservative government, the departments said they would be disputing the claim.

Ms Adoo-Kissi-Debrah said the settlement was an "acknowledgement of what happened" to her daughter

Ruth Waters-Falk, a solicitor for Hodge Jones & Allen, which brought the civil claim for Ella's estate, told BBC London the settlement "doesn't set a court precedent", but "demonstrates that with the right evidence, governments can be held to account for their failures in relation to air pollution".

"I can definitely imagine similar claims being made should the government fail to take action to protect our environment if that then impacts upon human health and life," she said.

"We know that air pollution has a significant impact on our life... and the government has a clear responsibility for improving air quality in the UK."

Air Quality Minister Emma Hardy said it was a "privilege" to meet Ms Adoo-Kissi-Debrah and express her condolences.

"Air pollution is a public health issue, and I want to pay tribute to Ms Adoo-Kissi-Debrah who continues to campaign tirelessly to shine a much-needed spotlight on this," she said.

"Quite simply, young children should not have to suffer as Ella did. We are grateful to the family’s work and very much hope to continue to engage with them.

"By working together in the years to come, more can be achieved in improving not only the quality of the air we breathe but also in raising awareness of the health implications of air pollution."

A spokesperson for the Mayor of London said that Sadiq Khan was doing "everything in his power to clean up London’s air".

"Sadiq remains determined to keep Ella’s memory and legacy alive by ensuring that we do not repeat the mistakes of the past by failing today’s generation of young Londoners," they said.

"He will continue to work with the new government to do more in the capital to educate others about the dangers of toxic air and prevent further needless suffering."

Charity Asthma + Lung UK welcomed the government's apology and called for legally binding air quality targets "in line with international standards" to protect children from air pollution.