News analysis with BESA


New government faces early tests on damp homes and air quality


The government is contesting a legal challenge in the High Court that could have huge implications for the way future generations are protected from the impact of poor air quality in their homes, schools and public spaces, according to the Building Engineering Services Association (BESA)


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lmost 15,000 children aged under fi ve were admitted to hospital with breathing diffi culties caused by air pollution in London last year, according to a freedom of information request. That equates to 41 every day just in London of very young children whose lungs and other organs are still developing. The long-term impact on their health and quality of life is incalculable, the Association says. A recent BBC report also revealed that the proportion of children living in damp homes has almost doubled since the pandemic. The fi gure has risen from one in 14 households living in privately rented accommodation to one in seven in 2022-23, according to the English Housing Survey. This is estimated to aff ect over 1.5 million children living in homes that failed


decency standards, according to the survey. Living in such conditions has a serious and signifi cant impact on childhood health with the most notorious case being that of two-year-old Awaab Ishak who died as a direct result of being exposed to mouldy conditions in his Rochdale fl at.


Action


The new Labour government has pledged to extend the provisions of legislation now known as ‘Awaab’s Law’ to the private rented sector. Currently it only applies to social housing landlords who are required to take action on mould and damp within a specifi ed timeframe, but the housing survey found that the issue was even more serious in privately rented homes. The legislation requires landlords in England to carry out emergency repairs within 24 hours, fully investigate issues within two weeks, and begin repairs within a further seven days. Failing to meet the deadlines leaves landlords liable


Below Left: Adam Taylor BESA IAQ Group chair Below Right: Awaab Ishak


Rosamund Adoo Kissi-Debrah at BESA Conference 2023


to legal action by tenants and having to pay compensation. “The promise to extend the reach of Awaab’s Law is something we called for during the election campaign. It goes to the heart of eff orts to tackle a growing health crisis caused by appalling conditions in far too many homes,” said BESA’s chief executive offi cer David Frise. “The prevention and eradication of mould and damp continues to be a source


of great frustration for our industry,” he added. “We understand the problem, which often comes back to inadequate ventilation, but too often the investment is not forthcoming despite this being such a crucial health issue.” The government’s willingness to act on wider indoor air quality (IAQ) issues is also about to be tested in the High Court. Nine-year-old Ella Kissi-Debrah was the fi rst person in the UK to have air


pollution recognised as a factor in her death following her fatal asthma attack in 2013. Subsequently, her mother Rosamund has campaigned tirelessly both for justice for her daughter and longer-term protection for all children from the damage caused by poor air quality. Ella’s estate is suing three government departments for compensation over


Ella’s “illness and premature death” and the case is due to be heard by the High Court later this year. However, this case is not about money, but rather, as Rosamund explains, about “holding their feet to the fi re” and establishing a “legal right for all children to be able to breathe clean air”. She added that “not much has happened” since the coroner in Ella’s case published a prevention of future deaths report. Currently, the government is still only committed to reducing air pollution by 2040 which condemns another whole generation of children to an uncertain future. “It’s high time we had a public health campaign about the impact of air


pollution on health,” said Rosamund, adding that a promise to revive the proposed new Clean Air Act was omitted from the Labour party election manifesto despite promises to the contrary. “So far, there has been nothing from the new government on air quality.”


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August 2024


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