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Air pollution is increasingly recognised as one of the most pressing environmental challenges in the UK, impacting public health, the environment and the quality of life for millions of people. In recent years, high-profile cases have brought the issue into sharp focus, highlighting how the law can play a pivotal role in addressing these growing concerns. The legal system is helping to drive change and demand accountability from both government and industry. In this blog, I’ll explore how the law is being used to combat air pollution, protect vulnerable groups and ensure a cleaner, healthier future for all.

Understanding air pollution

Air pollution is a growing concern in the UK, affecting everyone but especially vulnerable groups like children, the elderly and those with pre-existing respiratory conditions, such as asthma or chronic obstructive pulmonary disease. The main culprits? Stationary fuel combustion (like power plants and boilers) and traffic emissions. In the past, it was coal-burning industries that were the main offenders, especially during the industrial boom. But now, petrol and diesel vehicles have taken the lead, spewing out pollutants like carbon monoxide and nitrogen oxides, which seriously impact air quality. The effects aren’t confined to local areas; pollutants can travel long distances, meaning both urban and rural communities are impacted. Due to their significant effects on human health, the environment and public welfare, the UK continuously monitors the ambient levels of these pollutants in various urban and rural locations across the country. By tracking this data, authorities can better understand the health risks, inform public health initiatives and guide legal measures to reduce emissions.

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Ella Adoo-Kissi-Debrah – the case that put air pollution in the spotlight

If there’s one story that truly brings the deadly effects of air pollution into sharp focus, it’s the heartbreaking case of Ella Adoo-Kissi-Debrah. Ella, a bright and energetic nine-year-old girl from South East London, tragically passed away in 2013 due to complications from asthma. But what made Ella’s death even more devastating was the fact that her asthma was exacerbated by the toxic air she was breathing every day. For years, Ella’s mother Rosamund Adoo-Kissi-Debrah fought to connect her daughter’s death to the pollution around their home. Her calls for an investigation into the air quality in their area were dismissed time and time again. It wasn’t until a long, hard-fought legal battle that the inquest into Ella’s death finally concluded that air pollution had played a significant role in her tragic passing. The impact of Ella’s case is far-reaching. In a country where around 1.1 million children suffer from asthma and where the UK has the highest asthma mortality rate in Europe, this case highlights the urgent need for cleaner air. The fact that air pollution contributed to the death of a young child has raised serious concerns about the quality of air in urban areas, particularly in high-traffic zones like the one Ella lived in.

The ripple effect of Ella Adoo-Kissi-Debrah's case

Since Ella Adoo-Kissi-Debrah’s tragic death, her mother’s relentless campaigning has sparked a significant shift in how the UK addresses air pollution. One of the most groundbreaking milestones that came out of this case was the recognition of air pollution as a contributing factor in her death – a major step forward in the fight for cleaner air. This case not only brought attention to the deadly impact of toxic air but also gave a legal and scientific foundation for pushing the government to take stronger action. And it’s working. In the years following the case, we have seen some promising developments, like the expansion of London’s Ultra Low Emission Zone (ULEZ). This initiative requires vehicles that fail to meet strict emissions standards to pay a daily charge if they want to drive within the zone. It’s a push to get more people into cleaner, greener transportation — and it’s already having an impact. For example, the proportion of new electric cars has grown from 6.6% in 2020 to 16.8% this year. That’s a pretty significant jump and it’s a clear sign that people are starting to make the switch. Of course, there’s still a lot more to be done to clean up the air across the whole country, but these changes are a solid start. To further cut down on congestion and emissions, London and other UK cities have rolled out widespread 20 mile per hour speed limits, helping to reduce air pollution from traffic.

Another effect of this case is the potential increase of public health lawsuits related to air pollution, particularly as it relates to vulnerable groups like children and those with pre-existing respiratory conditions. The case demonstrated that air pollution, while often treated as an environmental issue, is also a public health crisis that can have severe consequences, including death. The case could pave the way for future claims under human rights law or tort law, particularly where individuals can demonstrate that exposure to air pollution has caused or exacerbated health conditions. Legal experts have discussed how this ruling could encourage class action lawsuits or individual suits by people suffering from air pollution-related health issues who may now be able to use the case to support their claims for damages or compensation.

Conclusion

While there’s still much work to be done, this case has shown us that legal action, combined with public pressure, can lead to meaningful and lasting change. With ongoing efforts to strengthen air quality regulations, we can only hope that more lives will be protected from the toxic air we all share. The law is more than just a tool; it’s a powerful force for good in shaping a cleaner, greener world for everyone.