Mum of asthmatic girl, nine, who died from air pollution is suing Government
A mum of an asthmatic girl, 9, who died from asthma caused by traffic pollution is suing the Government for compensation in the High Court.
Ella Adoo-Kissi-Debrah, from south-east London, suffered a fatal asthma attack in 2013 after being exposed to excessive air pollution. And in a landmark coroner’s case in 2020, she became first person to have air pollution listed as a cause of death at an inquest in the UK. It marked the culmination of a long battle by Ella’s mother, Rosamund Adoo-Kissi-Debrah, to have the role of air pollution in her daughter’s death recognised. Her late 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”.
Ms Adoo-Kissi-Debrah’s lawyers said the personal injury case – “the first claim of its kind”- is “not about money”, but focused on “seeking vindication for the death of Ella”. The Department for Environment, Food and Rural Affairs (DEFRA), the Department for Transport (DfT), and the Department of Health and Social Care (DHSC) are disputing the claim.
The Government doesn't accept its actions “amount to a breach of human rights” and denies that any such alleged breach, if proven, would be “causative of Ella’s injuries and death”. Ravi Mehta, representing Ella’s mother, said in written arguments prepared for a preliminary hearing in London on Thursday that the case was “no ordinary personal injury claim”.
He added: “The wider significance of the claim is obvious. If successful, it will be the first claim to establish what Rosamund has described as the ‘right to clean air’ under the Human Rights Act. There was huge public interest in the inquest into Ella’s death and Rosamund’s campaigning in respect of air quality has been recognised at the highest level, including by her recent appointment Commander of the Order of the British Empire for services to public health.”
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Ella Kissi-Debrah was just nine when she died in 2013 (PA)The barrister said the case was “legally complex because it is the first claim of its kind”. He added: "It is factually complex because it concerns the acts and omissions of three Government departments over a period of many years. The extent of the expert evidence and disclosure is likely to resemble that which would be seen in the context of a piece of group litigation.”
Ella lived 25 metres from the South Circular Road in Lewisham, south-east London – one of the capital’s busiest roads. She died after having endured numerous seizures and made almost 30 hospital visits over the previous three years. Mr Mehta said: “None of the medical professionals that treated Ella had explained that air pollution could make Ella’s asthma worse or that steps could be taken to mitigate the impact or reduce Ella’s exposure to the air pollution. There were also no large-scale public awareness campaigns about the effects of air pollution prior to Ella’s death.”
Colin Thomann, representing the Government, said in written arguments that the claim was disputed in its “entirety”. He said the claim “significantly overestimated” any potential damages that might be awarded. Mr Thomann said Ms Adoo-Kissi-Debrah’s lawyers had estimated the claim to be worth £293,156, but that the Government considered the maximum the claim could be worth is £30,000 if successful. Judge David Cook made orders over the future of the early-stage legal action and said a further hearing should be held on July 15.
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