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The England and Wales High Court, on October 25, 2024 dismissed the application for judicial review brought by two private claimants challenging the legality of the third National Adaptation Programme (NAP3). The plea is also signed by the Friends of the Earth — an international network of environmental organisations.
The NAP3 outlines the British government’s plans to adapt to climate change over the next five years from 2023 to 2028 and was published on July 17, 2023.
The claimants, Kevin Jordan and Doug Paulley said that the climate change plan failed to protect the people from the adverse effects of climate change.
They said that NAP3 drawn up by former Prime Minister Rishi Sunak’s Conservative government failed to comply with the country’s Climate Change Act, 2008.
The appeal said that the adaptation plan was unlawful on four counts:
It breached the Climate Change Act by failing to set out lawful adaptation objectives
It failed to assess and include the risks to delivery of the plans and policies it included
It failed to lawfully assess impacts on protected groups under equality law
It breached the human rights of the 2 individual claimants due to the lack of effective provision for human rights and the specific risks they faced on heat and coastal erosion.
Justice Chamberlain dismissed their appeal and refused permission to apply for judicial review.
The case was filed on October 17, 2023 and focused on the legal compliance with section 58 of the Climate Change Act, 2008, as well as breaches of human rights.
According to the claimant, NAP3 is so deficient that it breaches their human rights to — life (Article 2), home (Article 8), possessions and that they are discriminated against on account of their vulnerable situations (Article 14).
One of the two petitioners, Jordan lost his seaside home in Hemsby, Norfolk coast due to the threat of coastal erosion while Paulley, the other petitioner is a disability rights activist lives in a care home.
He has long-term health conditions which make him particularly vulnerable to the effects of extreme heat, episodes of which have increased and are likely to continue to increase in frequency and intensity because of climate change.
Meanwhile, Friends of the Earth, mentioned in a statement that they are considering an appeal after the High Court judgment national adaptation plan was ruled lawful.
They urged the government to commit to introducing a robust and comprehensive NAP, aligned with the advice of the Climate Change Committee (CCC). They also called for inclusive public engagement so that those most at risk can have a voice.
The CCC in a briefing dated March 13, 2024, stated that NAP3 lacked the pace and ambition to address growing climate risks.
“The lack of a measurable vision will prevent effective delivery of adaptation by public agencies, local authorities, and the private sector, as well as inhibiting a clear assessment of progress,” the CCC had stated.