Court of Appeal decision on human rights landfill case concerning 5 year old boy

The Court of Appeal today announced its decision on the appeal of the Environment Agency against the High Court’s judgment from September that the Agency is not currently complying with the law which requires it to protect the life of a 5-year-old disabled child, Mathew Richards, in Silverdale, Staffordshire.

The Agency’s appeal took issue with the way that the High Court had set specific outcomes required to reduce emissions from Walleys Quarry landfill site and prevent an ongoing breach of Mathew’s right to life. In open court, the Court of Appeal said that they were allowing the Agency’s appeal.

As pollution from the landfill site continues to blight the lives of Mathew and his community in Silverdale, Mathew’s mother and her legal team have confirmed today that they will be continuing the legal fight to the highest level as a matter of urgency. Mathew’s mother, Rebecca Currie said:

“I am heartbroken by the decision and do not understand why our own government bodies are not protecting us from poisonous gases. Our village continues to stink and suffer, and my little boy still struggles to breathe. Hearing him cry “Mummy, mummy, I can’t breathe” motivates me to do everything I can to fight for his health.”

Mathew’s solicitor, Rebekah Carrier, said:

“We are obviously very disappointed by the Court of Appeal’s decision and await their full reasons. However, this case concerns a little boy’s right to life and this is a case where the Agency, charged with the protection of public health, should be held to account by the Courts. We anticipate asking the Supreme Court to deal with this case as a matter of urgency.”