The mother of Ella Adoo-Kissi-Debrah, who was the first person to have air pollution recorded as a cause of death on her death certificate, has secured a legal settlement after accusing the Government of breaching her daughter’s human rights.
Ella, who lived 25m from the South Circular Road in Lewisham, died aged nine in February 2013. She had developed severe asthma just before her seventh birthday and was hospitalised 30 times.
On Thursday, her mother Rosamund received an undisclosed settlement and apology from three Government departments – the Department for Environment, Food and Rural Affairs, the Department for Transport and the Department for Health.
They said Ms Adoo-Kissi-Debrah had brought the High Court claim with “great dignity” and admitted: “Ella’s suffering and death were a tragedy.” However there was no admission of liability for Ella’s death.
Ms Adoo-Kissi-Debrah said: “I have been fighting for justice for Ella for over 14 years. Firstly, to find out what was making her so severely ill, and secondly to raise awareness about the dangers of air pollution.
“Nothing will ever make up for the pain and suffering that Ella went through, or for the trauma of losing a beloved daughter and sister at such a young age. The loss to our family is immeasurable.
“Since Ella’s death, I have dedicated my life to raising public awareness of the devastating impact air pollution has on the public’s health.
“Today, over 1.1 million children in the UK are diagnosed with asthma. My aim remains to stop other children from suffering like Ella did and to campaign for the implementation of all of the coroner’s recommendations following Ella’s second inquest.
The settlement – which follows a similar admission from London mayor Sadiq Khan on behalf of the Greater London Authority and Transport for London - was announced after Ms Adoo-Kissi-Debrah and Ella’s siblings met Defra minister Emma Hardy.
The claim was brought on behalf of Ella’s estate by law firm Hodge Jones & Allen for breaches of Ella’s rights under the Human Rights Act, including her right to life.
Ms Adoo-Kissi-Debrah said: “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.”
After a first inquest into Ella’s death was quashed, Philip Barlow, the coroner in the second inquest in 2020, concluded that Ella died of “asthma contributed to by exposure to excessive air pollution’” and that the pollution had made a “material contribution to Ella’s death”.
He said that, between 2010 and 2013, Ella was exposed to levels of nitrogen dioxide and particulate matter in excess of World Health Organization guidelines. The principal source of her exposure was traffic emissions.
During her illness, there was a recognised failure to reduce levels of nitrogen dioxide to within the limits set by EU and domestic law, which possibly contributed to Ella’s death.
The coroner also said that her mother was not given information about the health risks of air pollution and its potential to exacerbate asthma. Had she been given this information, she would have taken steps that might have prevented Ella’s death.
A statement issued to Ms Adoo-Kissi-Debrah by the three Government departments on Thursday said: “You have advanced your claim with great dignity and explained your experience of the tragedy and the impact it had on you and your family.
“On behalf of the Government departments who were party to the claim, we again take this opportunity to say we are truly sorry for your loss and to express our sincerest condolences to you as Ella’s mother, to her siblings, and to everyone who knew her. To lose a loved one at such a young age is an immeasurable loss.
“Your words, both in this litigation and in your public campaigning, have made a considerable impact. You have spoken eloquently about Ella’s life, her suffering and death, your experiences throughout the inquest and the course of the litigation, and your efforts campaigning for better air quality.”
Ms Adoo-Kissi-Debrah awaits a response to her request to meet Health Secretary Wes Streeting to discuss the health implications of air pollution.
Susie Labinjoh, a partner at Hodge Jones & Allen, said: “This has been a long and arduous battle for Rosamund. The settlement is a measure of her sheer determination to get recognition for her daughter’s pain and suffering from those responsible for tackling air pollution.”
Last February, Mr Khan made a “full and unqualified apology” to Ms Adoo-Kissi-Debrah, despite not being mayor at the time Ella became ill and died.
Mr Khan, whose decision to introduce and expand the Ulez clean air zone was inspired by Ella’s death, said: “As the mayor of London, I’d like to take this opportunity – on behalf of the Greater London Authority and our city – to offer a full and unqualified apology for not acting sooner to tackle air pollution, which ultimately led to the tragic death of Ella Adoo-Kissi-Debrah.”
