Labour Government Set to Defend Rishi Sunak’s ‘Weak’ Climate Adaptation Plan in Court

The new Labour Government is set to defend the previous Conservative Government’s climate adaptation plan in court this week.

Keir Starmer’s Government is facing a legal challenge from Friends of the Earth over its National Adaptation Programme (NAP3), published under the last Government last July. 

The environmental group argues that the objectives were set unlawfully, breaching both the Climate Change Act and the Human Rights Act.

The Climate Change Committee recently called on ministers to strengthen their climate adaptation plan, warning that the current programme “falls far short of what is required”. The CCC highlighted that only about 40% of short-term actions addressing urgent risks have actually progressed.

The new Government might have been expected to drop its defence of the legal challenge. Campaigners say they are disappointed that, instead, Labour ministers seem to be pushing ahead with the previous Government’s defence, short of a last-minute U-turn at the door of the court. 

Friends of the Earth, along with ClientEarth and Good Law Project, successfully challenged a separate action plan – the Government’s Carbon Budget Delivery Programme – earlier this year. The High Court has ordered a revised plan by May 2025.

Environmental groups are now calling for a robust and comprehensive adaptation programme for the climate crisis, echoing the CCC’s recommendations for urgent changes in governance, investment, and monitoring around the impact of the climate crisis.

Alison Dilworth, a Friends of the Earth climate campaigner, said: “Our homes, lives and livelihoods are being put at risk by the Government’s weak, and we believe unlawful, climate adaptation plans.”

The legal challenge follows a recent European Court of Human Rights ruling in favour of Swiss women who argued that a lack of climate action violated their human rights.

Fronting the action are two co-claimants whose lives have been “already severely impacted by the climate crisis”. 

Kevin Jordan, whose house was destroyed due to coastal erosion; and Doug Paulley, who highlights the disproportionate impact on disabled people, both criticise the current adaptation plans as inadequate.

Mr Paulley, a disability campaigner living in a care home in Wetherby, Yorkshire, has long-term conditions that make him particularly vulnerable to overheating.

Mr Jordan, a member of the Save Hemsby Coastline campaign, lost his home to coastal erosion shortly before Christmas 2023. He wrote in the Metro: “I was told my £130,000 house would stand for 100 years – it’s days away from falling off a cliff.”

Friends of the Earth’s head of legal, Will Rundle, said that the group is “disappointed” that the new Government will not drop the last Government’s defence of the climate adaptation plans.

He said: “Labour rightly acknowledges that the current management of climate risks has left Britain badly exposed and has pledged to improve climate resilience and national preparedness in its manifesto.

“The Government’s current climate adaptation plan is incredibly weak and ineffective, which is why we are challenging it in court next week.

“We’re disappointed that the new Government hasn’t ended the previous administration’s defence of our legal action, conceded the legal arguments, and agreed to replace the plan they inherited with one that’s fit for purpose.”

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He added:  “Communities across the UK need better protection from the extreme weather events that are hitting home more frequently, with particular focus given to marginalised people – such as older and disabled people – and those living in areas most at risk from climate change, who are disproportionately affected by the impacts of the climate crisis.”

Friends of the Earth and the co-claimants argue that they are particularly concerned that “people living in vulnerable situations – such as older and disabled people – and those living in areas most at risk from climate change, are disproportionately affected by the climate crisis and the Government’s failure to produce a credible plan to protect them”.

The claimants also allege that the Government has not adequately assessed the impact of its – in their view, flawed – climate adaptation programme on people with protected characteristics (such as race and sex), and therefore that it fails to comply with the Equality Act’s public sector equality duty.

The two-day hearing, on 23 to 24 July, will take place at the High Court. 

Leigh Day solicitor Rowan Smith called it a “truly landmark” case, adding that it would be the first time a UK court determined the lawfulness of the Government’s climate adaptation policy, including potential human rights breaches.

Friday 19 July was the two-year anniversary of the UK’s hottest day on record. This year saw temperatures of more than 30°C in some parts of the country. 

UPDATE 23rd July: A Defra spokesperson would not comment on the specifics of the case, but told Byline Times: “The climate and nature crises are the greatest long-term global challenge we face as a nation. 

“As we transition to become a clean energy economy and stride towards net zero, we must also take robust action to prepare for the impacts of a changing climate. 

“This Government will ensure that the UK is prepared for these changes by strengthening resilience across government and local communities. We will waste no time in delivering on this by improving the durability of our infrastructure, enhancing protections against flooding and planting millions of trees all while turbocharging green growth.”

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