Summary
Under section 13 of the Climate Change Act 2008, the Secretary of State may combine quantitative and qualitative assessments when deciding whether proposed policies will enable carbon budgets to be met. Quantifiable policies need not account numerically for every required emissions reduction.
The Minister must, however, receive legally adequate information about individual policies’ contributions, delivery risks and any reliance on unquantified measures to meet a projected shortfall. A report under section 14 must explain and quantify how the policies are expected to meet the budgets. It must address individual or interacting policies where their effects can properly be quantified. These duties support effective ministerial decision-making, parliamentary accountability and public transparency.
Factual background
Following the setting of the sixth carbon budget, the Secretary of State approved proposals and policies under section 13 of the Climate Change Act 2008 and laid the Net Zero Strategy before Parliament as a report under section 14.
Three joined judicial review claims challenged those decisions. The claimants alleged that quantified policies were projected to deliver only about 95% of the reductions required for the sixth carbon budget; that the Minister lacked essential information about individual policy contributions and the remaining shortfall; and that the published Strategy omitted information required by section 14. They also advanced an alternative argument under section 3 of the Human Rights Act 1998. A related challenge concerning the Heat and Buildings Strategy was resolved by agreement.
The central issues were the nature of the predictive judgment required by section 13, the information legally required for that judgment, and the explanatory and quantitative content required of a section 14 report.
Held
The claims succeeded in part. Grounds 1 and 2 were upheld to the limited extent identified by the court. Ground 3 was rejected. The court also accepted the parties’ agreement that the Secretary of State had failed to comply with section 149 of the Equality Act 2010 when adopting the Heat and Buildings Strategy.
Section 13(1) of the Climate Change Act 2008 requires proposals and policies which, taken overall, the Secretary of State judges will make it possible or effective to meet the carbon budgets. It requires a predictive assessment, not certainty. The assessment must include quantitative analysis, but quantifiable policies need not numerically deliver 100% of the required reductions. Quantitative modelling itself involves expert judgment and uncertainty. The Secretary of State may therefore rely additionally on a sufficiently cogent qualitative assessment of unquantified policies.
The Minister’s briefing was legally inadequate. Risk to the delivery of individual measures and the statutory targets was an obviously material consideration. The Minister needed information about the estimated contributions of individual or interacting quantified policies, including their relationship to the cumulative 95% estimate. He also needed to know which unquantified or further-developed policies were relied upon to meet the remaining shortfall and the basis of that judgment. Without this information, he could not rationally assess the robustness of the package or discharge section 13(1).
Section 14 requires more than publication of a list of policies. Read in its statutory context, the duty to set out proposals and policies for meeting carbon budgets requires an explanation of how they are expected to do so and legally adequate quantification of their effects. The Net Zero Strategy unlawfully omitted the contributions of quantifiable individual or interacting policies, the fact that quantified measures were projected to deliver only 95% of the reductions needed for the sixth carbon budget, and the basis on which the shortfall was expected to be met.
Section 3(1) of the Human Rights Act 1998 applies only where the ordinary interpretation of legislation is incompatible with a Convention right. It permits no different construction merely because that construction would be more conducive to protecting Convention rights or minimising climate-change effects.
The court could not refuse relief under section 31(2A) of the Senior Courts Act 1981. It was impossible to conclude that the outcome was highly likely to have been substantially the same had the Minister received the legally required information and Parliament and the public received a compliant report.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
This was a first-instance judicial review. Cotter J granted permission on 1 March 2022 in each of the three claims and directed that they be heard together because of their substantial overlap.
Key cases cited
25 authorities cited.
- R v Secretary of State for Justice [2021] UKSC 28
- R v Heathrow Airport Ltd [2020] UKSC 52
- R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3
- R (on the application of Miller) v The Prime Minister [2019] UKSC 41
- R (Moseley) v Haringey London Borough Council (R (Stirling) v Haringey London Borough Council) [2014] UKSC 56
- Al-Skeini and others (Respondents) v. Secretary of State for Defence (Appellant) Al-Skeini and others (Appellants) v. Secretary of State for Defence (Respondent) (Consolidated Appeals) [2007] UKHL 26
- Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent) [2004] UKHL 30
- Regina v Special Adjudicator (Respondent) ex parte Ullah (FC) (Appellant) Do (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2004] UKHL 26
- Regina v. Leeds Crown Court Ex Parte Wardle (AP) (On Appeal From A Divisional Court of TheQueen's Bench Division) [2001] UKHL 12
- R (Packham) v Secretary of State for Transport [2021] Env. L.R. 10
- Oxton Farm v Harrogate Borough Council [2020] EWCA Civ 805
- Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214
- Mott, R (on the application of) v Environment Agency & Anor [2016] EWCA Civ 564
- Secretary of State for Communities and Local Government v West Berkshire District Council & Anor [2016] EWCA Civ 441
- National Association of Health Stores & Anor, R (on the application of) v Department of Health [2005] EWCA Civ 154
- London Borough of Newham v Khatun & Ors [2004] EWCA Civ 55
- Poplar Housing and Regeneration Community Association Ltd v Donoghue [2001] EWCA Civ 595
- R (on the application of) DR CATHY GARDNER & Anor. v SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE & Ors. [2022] EWHC 967 (Admin)
- R (Rights: Community: Action) v Secretary of State for Housing, Communities And Local Government [2020] EWHC 3073 (Admin)
- Spurrier, R (On the Application Of) v The Secretary of State for Transport [2019] EWHC 1070 (Admin)
- Cushnie, R (on the Application of) v Secretary of State for Health [2014] EWHC 3626 (Admin)
- Bapio Action Ltd & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2007] EWHC 199 (Admin)
- Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] 162 CLR 24
- Friends of the Irish Environment CLG v The Government of Ireland [2020] IESC 49
- The State of the Netherlands v Urgenda 20 December 2019
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
11 later cases · 5 positive · 2 neutral · 4 caution
Most senior citing decisions:
- Save Stonehenge World Heritage Site Limited, R (on the application of) v Secretary of State for Transport & Ors [2024] EWCA Civ 1227 approved
- Global Feedback Limited, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWCA Civ 1549 approved
- Gatwick Airport Limited, R (on the application of) v Secretary of State for Transport [2026] EWHC 1733 (Admin) applied
- Possible (The 10:10 Foundation), R (on the application of) v Secretary of State for Transport [2025] EWHC 1101 (Admin)
- Blue Marine Foundation, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2025] EWHC 734 (Admin)
- Friends of the Earth & Ors, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin)
- Friends Of The Earth Limited v Secretary Of State For Levelling Up, Housing And Communities & Ors [2024] EWHC 2349 (Admin)
- ClientEarth, R (on the application of) v Financial Conduct Authority [2023] EWHC 3301 (Admin)
- Greenpeace Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero & Anor [2023] EWHC 2608 (Admin)
- Wildfish Conservation, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Ors [2023] EWHC 2285 (Admin)
Sign in for the full treatment table, including the other 1 cases. A free account is enough.