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It claims that efforts by teachers to engage social services in the case were ignored and that if the children had been taken into care, it was “very likely” that her death could have been prevented.
Gordon was jailed for 15 years and Abuhamza indefinitely with a minimum term of seven and a half for Khyra’s manslaughter, in 2010.
It emerged that the children had been subjected to a punishment regime, and if they were caught taking any food, made to stand outside in the cold and forced to over-eat until they threw up.
Khyra was reduced to scavenging bread from a neighbour’s bird table and lost 40% of her body weight.
She died in May 2008 weighing just 2st 9lbs, and suffering from meningitis and pneumonia.
A serious case review found that her death could have been prevented – after the council missed a catalogue of opportunities to save her.
Two of her sisters, held in the same squalid conditions, almost died from “refeeding syndrome” – where eating causes the body to go into shock.
“It is the case of all the living claimants and the case brought on behalf of the estate of Khyra Ishaq that your social services department ought reasonably to have removed all six children from the family home and placed them in local authority care on a date no later than January 9, 2008, which creates an alleged breach period of four months and eight days.
“It would appear that the children's teachers had done everything in their power to assist the children.
“But the efforts of the teachers to engage the social services department were ignored.
“Had the single visit they requested your social services department make to the family home been undertaken in December 2007 and factoring in the reasonable period of approximately three weeks to obtain a care order thereafter the children would have been removed into local authority care no later than January 9, 2008.
“It is very likely that the death of Khyra Ishaq would have been prevented." A spokesman for Birmingham City Council said: "We can confirm that we have received a letter of claim in this case.
It would be inappropriate to comment on ongoing legal proceedings.” Tony Hall, partner at Anthony Collins Solicitors, said: "We can confirm that Anthony Collins Solicitors has submitted a letter of claim against Birmingham City Council on behalf of our clients; the estate of Khyra Ishaq, her biological father and her surviving siblings.