Legal challenge over UK’s climate adaption plan filed in European Court of Human Rights
The European Court of Human Rights (ECHR) has been asked to hear a complaint over the UK government’s inadequate climate adaptation programme, which sets out its plans and policies for protecting communities in the UK from the impacts of climate change, such as extreme heat, flooding and coastal erosion.
Friends of the Earth and two people whose lives have been impacted by the climate crisis filed their application - asking the ECHR to look into the government’s National Adaptation Programme – earlier this month.
The two co-claimants - who are both represented by Rowan Smith of Leigh Day - are:
• Disability rights activist Doug Paulley, who has a number of health conditions which are exacerbated by searing summer temperatures. He's concerned that the government’s current adaptation plans fail to consider the needs of disabled people – particularly in places such as care homes – putting him and others at risk.
• Kevin Jordan, whose home in Hemsby, Norfolk was demolished in December 2023 after coastal erosion, fuelled by sea level rise and severe storms caused by climate change, left it in danger of falling into the sea.
They argue that the government’s duties under the Climate Change Act 2008 to have a climate adaptation plan should be interpreted in line with the European Convention on Human Rights, meaning the plan should be more ambitious and include specific and measurable objectives. Without these, they argue that the plan breaches their human rights.
Mr Paulley and Mr Jordan also argue that they have been disproportionately impacted by the flaws in the plan.
Friends of the Earth and the two co-claimants argue the government, when drawing up the plan, should have taken into account the views of those most at risk in society, such as older and disabled people, as well as people living in geographically vulnerable areas.
The ECHR complaint follows an unsuccessful legal challenge in the High Court, brought by Friends of the Earth and the two co-claimants who argued that the National Adaptation Progamme was unlawful.
Earlier this year the government’s official advisor, the Climate Change Committee, criticised the UK government’s climate adaptation plans, warning that “the UK is not appropriately prepared. Notably, there has been no change in addressing this risk with the change in Government”.
Friends of the Earth’s head of legal, Will Rundle, said:
“The government should be doing more to protect people from increasingly severe weather events, such as extreme heat, which kills thousands of people every year.
"The UK’s climate adaptation plans aren’t just inadequate, we believe they violate the human rights of those most at risk, such as many care home residents, disabled people with certain conditions, and communities already experiencing severe climate impacts.
“That’s why we’re taking our case to the European Court of Human Rights. The UK needs a clear, effective, and properly funded adaptation strategy, one that recognises the increasing threats to all of us, and prioritises the safety and dignity of the most vulnerable.
“Right now, adaptation efforts are lagging dangerously behind the escalating threats of storms, floods, and heatwaves – to name just a few. With millions already at risk, we urgently need a plan that’s up to the challenge."
Doug Paulley said:
“Disabled people are always among the first against the wall in any form of emergency, and climate change is no different. The government's lack of effective consideration of us in the climate action plan further shows how much disabled lives are considered expendable. This must be fought and I'm really grateful that Friends of the Earth is making this happen.”
Kevin Jordan said:
“There are homes all across the country that are at risk due to the effects of climate change. To deal with these issues, the government must have an adaptation plan that is fit for purpose. Unfortunately, the government's plan in its current format is not up to scratch. After the disappointment of seeing our claim turned away in the UK courts, we now look ahead to making our case with the European Court of Human Rights.”
Leigh Day solicitor Rowan Smith, who represents Friends of the Earth, said:
“Our clients are now taking their fight to improve the UK’s third National Adaptation Programme to the European Court of Human Rights. They argue the UK’s current plans for dealing with the ever-increasing issues caused by climate change are inadequate, not only failing to set out clear objectives and measures, but also failing to meet commitments under the Climate Change Act. After push-back in the UK courts, our clients advance their case to Europe’s highest human rights court.”
ENDS
Notes to editors:
1. The application to the ECHR was filed on 1 July. For more info on the ECHR process please see ECHR guidance note.
2. Friends of the Earth is campaigning for the government to strengthen its national adaptation programme.
Under the Climate Change Act 2008, the government of the day is required to produce and implement a National Adaptation Programme every 5 years, with the latest (NAP3) published in July 2023, by Rishi Sunak’s government.
The programme is required to set out the government’s climate adaptation objectives, along with its plans and policies for meeting them, to protect communities in the UK from the impacts of climate change, such as extreme heat, flooding and coastal erosion.
3. 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 and Kate Cook of Matrix Chambers, Margherita Cornaglia of Doughty St and Nikolaus Grubeck of Monckton Chambers, and by Rowan Smith and Julia Eriksen at the law firm Leigh Day LLP.