Written by 
Family handoutA woman whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death has settled legal action against the government for an undisclosed amount.
Rosamund Adoo-Kissi-Debrah’s daughter Ella had a fatal asthma attack in 2013.
In 2020, Southwark Coroner’s Court found air pollution “made a material contribution” to Ella’s death.
The government told Ms Adoo-Kissi-Debrah it was “truly sorry for your loss” and said 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”.
Jordan Pettitt/PA MediaMs 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.”
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.
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.”