A FURIOUS mum has claimed poisonous gases are killing her son as she takes a legal battle to the European Court of Human Rights.
Rebecca Currie, 41, from Silverdale, Staffs., is taking the fight to the ECHR after the Environment Agency slapped down her claim that toxic fumes are harming her boy.
Rebecca is terrified that the fowl stench from Walleys Quarry is shortening her five-year-old son's life.
She said the pungent fumes have caused Matthew – her prematurely born child who has chronic lung disease – even more suffering.
The vulnerable boy, born at just 26 weeks, needed oxygen support for 19 months.
Lawyers representing Matthew told the High Court in August that there is an ongoing "public health emergency" near the quarry.
They argued that hydrogen sulphide emissions are affecting "hundreds and probably thousands of local people".
In September, Mr Justice Fordham made a declaration that the EA "must implement" Public Health England's advice to reduce concentrations of hydrogen sulphide in the local area to one part per billion.
But, following a challenge by the EA, the Court of Appeal overturned that ruling in December and concluded the declaration "was neither justified nor necessary as there was no actual or proposed unlawfulness which called for a remedy".
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Rebecca asked the Supreme Court to hear an appeal against that decision, but the court refused permission on Tuesday, saying the case does not raise an arguable point of law.
Residents of the "UK's smelliest village" have likened the stench to "rotting flesh" and "dirty nappies".
In a statement today, Rebecca said: "I feel that Mathew has been completely let down.
"First of all by the Environment Agency who are meant to protect us from dangers like poisoned air, and now by the legal system.
"Despite the High Court recognising the seriousness of this situation and telling the Environment Agency to do more to stop the scandal of a private companypolluting the air that we breathe, we are now back where we started.
"I am determined not to give up. The stink in our village continues and Mathew continues to be poorly."
"The Silverdale Stink" is claimed to be caused by an "off-the-scale environmental disaster".
People say the nasty smell is so unpleasant it burns the back of the throat while others have reported headaches, asthma attacks, stress, anxiety and sleeplessness.
Rebecca added: "Seeing my child struggle to breathe, and blood pouring from his nose, I know every parent will understand that I have to continue to do all I can.
"This now means asking the European Court of Human Rights to step up where our own courts have failed."
Rebekah Carrier, of law firm Hopkin Murray Beskine, said: "The Supreme Court has missed the opportunity to clarify the correct approach to the regulation of environmental hazards.
"This is extremely disappointing for Mathew and his community, who seek to have the threat to Mathew's life taken seriously."
The news comes as another protest was held outside Walleys Quarry today, following on from yesterday's demonstration.
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