"Inadequate’ climate protection plan to be examined by High Court

A High Court judge has ordered a judicial review of the government’s plan for protecting people, property and infrastructure from the impacts of climate change following a legal challenge by Friends of the Earth and two people whose lives are already severely impacted by the climate crisis [2]. Friends of the Earth maintains that it is not fit for purpose and must be improved.

The two-day ‘rolled up’ [3] hearing into the National Adaptation Plan will take place on 18-19 June.

Earlier this week the European Court of Human Rights ruled in favour of a claim by a group of older Swiss women, who argued that the lack of action on climate change had violated their human rights. The ECHR case has some similarities to Friends of the Earth’s legal challenge, not least because our case also deals with deficient state action on climate and its adverse impact on health and human rights [4].

Last month the Climate Change Committee heavily criticised the government’s latest NAP, warning it “falls far short of what is required” [5].

The legal challenge is being made by Friends of the Earth and two co-claimants:

Local campaigner Kevin Jordan [6] was made homeless shortly before Christmas 2023 [3], after his house in Hemsby, Norfolk was demolished after coastal erosion put it in severe danger of falling into the sea.

Disability activist Doug Paulley [7] has a number of health conditions which are being exacerbated by searing summer temperatures, causing not just great distress and discomfort, but also putting him at increased risk of serious harm.

In making his order for a hearing the judge, Mr Justice Sheldon, said “the issues raised by the Claimants are of considerable public importance”.

Friends of the Earth campaigner, Alison Dilworth, said:

“We’re delighted the High Court has agreed to hear this crucial legal challenge.

“The government’s adaptation programme – which should be a plan to protect us all from the accelerating impacts of the climate crisis – is completely inadequate and puts people’s lives at risk.

“We know the most marginalised communities, including disabled people, are most at risk and largely excluded from planning and preparedness work.  

“We hope our legal challenge will lead to a robust new plan that helps safeguard people, property and infrastructure from the consequences of a rapidly warming planet.”

Kevin Jordan, said:

“This country is completely under-prepared for the impacts of climate change, and the threat it poses to the homes, lives and livelihoods of thousands of people across the country.

“When I bought my house 14 years ago, I was told it would be safe for about another 100 years. It wasn’t.

“I may have lost my home to climate change, but the fight goes on.

“I hope this legal challenge forces the government to draw up a more ambitious and effective climate adaptation plans that better protect us all.”

Doug Paulley, said:  

“Climate change is a major threat to us all, but the government must also recognise that disabled communities are disproportionately affected and often have additional support needs when a crisis hits.

“Many people like me who lived in a care home during the Covid pandemic will have experienced the fear and helplessness of feeling abandoned in a crisis. We mustn’t let this happen with climate change.

“I’m delighted the High Court will hear our legal challenge. The government’s climate adaption plan must be revised to better protect everyone, especially those in the most vulnerable situations, from the impacts of the growing climate crisis.”

Leigh Day solicitor Rowan Smith said:

“Our clients have joined forces to bring this legal claim, because the adverse impacts of climate change are being felt right now, yet they believe the Government’s plans to deal with those impacts are woefully inadequate. We welcome the Climate Change Committee’s report, and are very pleased that the Court has now ordered a hearing.

“Our clients believe that the Government’s adaptation programme leaves the UK unprepared to meet the environmental challenges it is already facing as a result of climate change, in breach of clear legal requirements under both the Human Rights Act 1998 and the Climate Change Act 2008.”

The climate crisis is a growing threat to peoples’ lives and homes:

Coastal erosion

Approximately 1,800 kilometres (40%) of England’s coastline and 8,900 properties are at risk from erosion if coastal defences are not considered [8].

Sea level rise of half to one metre could lead to 200km or more of coastal defences becoming particularly vulnerable to failure in some conditions and may not be cost-effective to maintain in the future. This is around 4% of the English coastline and 20% of the coastline with coastal defences [8]. More than a thousand homes on part of Norfolk's coast could be lost to erosion within the next 80 years [9].

Flooding

Approximately 1.9 million people across the UK currently living in areas at significant risk from either river, coastal or surface water flooding. The number of people at risk could double as early as the 2050s [10].

Heat

In 2022 an estimated 4,507 deaths were associated with the hottest days in England [11].

In the UK, it is estimated that up to 90% of hospital wards are at risk of overheating during hot weather [12].

Ends

Notes to editors:

1. The government’s Third National Adaptation Plan was published in 2023: https://www.gov.uk/government/publications/third-national-adaptation-programme-nap3
2. Government faces legal challenge over failure to protect frontline communities | Friends of the Earth press release [1 November 2023]: 
   https://friendsoftheearth.uk/climate/climate-government-faces-legal-challenge-over-failure-protect-frontline-communities 
3. In a ‘rolled up’ hearing the question of permission is often heard in tandem with the substantive case itself. In practice this is effectively the same as a trial, in that the court is expected to allow the claimant to argue its case in full and issue a judgment.  
4. https://www.bbc.co.uk/news/science-environment-68768598  One of the grounds in Friends of the Earth’s case is that the human rights of the two co-claimants have been violated due to a deficient national adaptation plan. The human rights (articles 2 and 8) in the ECHR case are the same in our case too (albeit in an adaptation context and not a mitigation context).  
5. Planning for climate impacts falls short once again | CCC press release: https://www.theccc.org.uk/2024/03/13/planning-for-climate-impacts-falls-short-once-again/
6. Kevin Jordan, who is a member of the Save Hemsby Coastline campaign, lost his home shortly before Christmas 2023. Mr Jordan wrote an article for the Metro newspaper on his experience: “I was told my £130,000 house would stand for 100 years – it’s days away from falling off a cliff”: https://metro.co.uk/2023/12/08/130k-house-falling-off-a-cliff-edge-homeless-days-19947077/ 
7. Doug Paulley, lives in a care home in Wetherby in Yorkshire and has a number of long-term conditions that make him particularly susceptible to overheating. These include an impairment that affects the nervous system (autonomic dysfunction) which has contributed to several strokes during Doug’s life, as well as diabetes and a heart condition.
8. Climate Change Risk Assessment (CCRA3) for England (2021):   https://www.ukclimaterisk.org/publications/summary-for-england-ccra3-ia/#section-140-summary-of-risk-definition-and-description
9. Norfolk coastal erosion report warns 1,030 homes at risk | North Norfolk News [Feb 2024]: https://www.northnorfolknews.co.uk/news/24127945.norfolk-coastal-erosion-report-warns-1-030-homes-risk/
10. Findings from the third UK Climate Change Risk Assessment (CCRA3) Evidence Report 2021: https://www.ukclimaterisk.org/wp-content/uploads/2021/06/CCRA3-Briefing-Flooding-and-Coastal-Change.pdf
11. Climate-related mortality, England and Wales: 1988 to 2022 | Office for National Statistics (ONS): https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/deaths/articles/climaterelatedmortalityandhospitaladmissionsenglandandwales/1988to2022#:~:text=An%20estimated%2051%2C670%20deaths%20(95,years%20from%201988%20to%202022
12. CCRA3 report for England https://www.ukclimaterisk.org/publications/summary-for-england-ccra3-ia/#section-165-summary-of-risk-definition-and-description
13. The Friends of the Earth legal team managing this case includes Will Rundle and Niall Toru. The Claimants are represented by leading environmental barristers: David Wolfe KC of Matrix Chambers, Margherita Cornaglia of Garden Court Chambers, and Nikolaus Grubeck of Monckton Chambers; and by Rowan Smith and Julia Eriksen at the law firm Leigh Day LLP.