Campaigners take government's climate adaptation plan to ECHR

Friends of the Earth and two people whose lives have been impacted by the climate crisis are taking their fight against the government’s inadequate climate adaptation programme to the European Court of Human Rights (ECHR).  

The move follows a Court of Appeal decision a few weeks ago to turn down an application to appeal against an earlier High Court ruling which found that the National Adaptation Programme was lawful. 

The ruling was made after a legal challenge was brought by Friends of the Earth and two co-claimants - Doug Paulley and Kevin Jordan - who argued that the plan breached their human rights. 

The Third National Adaptation Programme [NAP], introduced in July 2023, sets out the government’s climate adaptation objectives, along with its plans and policies for protecting communities in the UK from the impacts of climate change, such as extreme heat, flooding and coastal erosion.  

In their submission to the ECHR, Friends of the Earth and the two co-claimants will argue that the UK is out of compliance with human rights requirements in how it currently plans for and implements climate adaptation under the Climate Change Act.  

Last week the Climate Change Committee published a new report on climate adaptation saying 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:  

“We believe that the UK’s climate adaptation programme is not only hopelessly inadequate, it also breaches the human rights of individuals within ‘at risk’ groups, such as older people, disabled people, and those living in areas most exposed to the impacts of our warming planet.

“That’s why we are taking our challenge to the European Court of Human Rights. We need a national plan for adaptation that is clearer, effective and well implemented, and which involves and engages the most at risk when forming policy.  

“Climate adaptation in the UK is not keeping up with the increasing risks our worsening climate change poses to us all.

“With millions of people across the country already at risk from storms, floods and heatwaves, a robust and effective adaptation plan that adequately protects the most marginalised groups is long overdue.”

Disability rights activist, Doug Paulley, said:  

“While I’m extremely frustrated that the Court of Appeal won’t hear our legal challenge, I’m very hopeful that the ECHR will now take up this important case.  

“Disabled people, who are disproportionately threatened by the impacts of climate change, have been badly let down by this weak and ineffective adaptation programme.  

“The campaign for a robust National Adaptation Programme, which properly protects those most at risk, will continue.”

Kevin Jordan, who lost his home to coastal erosion, said:  

“This is a huge disappointment, but I am encouraged by the fact that we have decided to take this to the ECHR. Millions of homes across the country are already under threat from the impacts of climate change, and without an adaptation plan that’s fit for purpose many, many more will be put at risk.  

“I know what it’s like to lose your home to climate change and will continue to campaign for a vastly improved set of adaptation policies that offers proper protection to our lives and communities.”

Stronger National Adaptation Programme urgently needed  

Last December the government said it is reviewing its approach to climate adaptation. Ministers stated they were “committed to strengthening the nation’s resilience, including in our approach to managing climate risks to the UK, and we are considering a range of options to achieve this.”  

Friends of the Earth says that the NAP must be vastly improved and include:  

•  Specific and measurable adaptation objectives  

•  Assessments that show the policies and plans in the package will actually deliver their intended impact  

•  Due consideration of the impact of climate change on marginalised groups - such as older and disabled people, and those living in geographically vulnerable areas - and include them in the policy formation process.  

ENDS

Notes to editors:

1. The two co-claimants who mounted the judicial review with Friends of the Earth and are now taking their case to the ECHR are:
   • 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.
   • 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.
2. In December the government stated it is reviewing its approach to climate adaptation. Ministers stated they were “committed to strengthening the nation’s resilience, including in our approach to managing climate risks to the UK, and we are considering a range of options to achieve this. This includes further work to assess and strengthen the framework of objectives and delivery across government and on improving the evidence base for action to increase our climate resilience.” (Accelerating to Net Zero: responding to the CCC progress report and delivering the Clean Energy Superpower Mission, 17 December 2024)
3. A Friends of the Earth press release on its legal challenge at the High Court in July last year is available.
4. Friends of the Earth’s response to last week’s Climate Change Committee report on climate adaptation is also available.
5. 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.  
6. Images of Friends of the Earth and co-claimants outside the High Court hearing in July can be downloaded.