Child's air pollution death settlement is not a win mother says

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

The girl, Ella Adoo-Kissi-Debrah, died following an asthma attack in 2013, and an inquest later found that 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.

Assistant coroner for London inner south, Philip Barlow, concluded Ella Adoo-Kissi-Debrah, 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.

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, for which Ms Adoo-Kissi-Debrah is administrator, sued the Department for Environment Food & Rural Affairs (DEFRA), the Department for Transport and the Department for Health and Social Care, for compensation for Ella's "illness and premature death."

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."

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

Accompanied by Ella’s siblings, Ms Adoo-Kissi-Debrah met air quality minister in the Department for Environment, Food and Rural Affairs (DEFRA), Emma Hardy.

She said: "I told Ms Hardy today that 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."

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 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, under the previous Conservative government, the departments said they would be disputing the claim.

Air quality minister, Emma Hardy said: "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.

"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."

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.