A new report for the Climate Change Committee maps the complex legal landscape governing how local authorities across the UK adapt to climate change, highlighting both the challenges of governance and the significant powers councils hold to build resilience.
Climate change impacts are increasingly affecting communities across the UK, and local authorities are at the forefront of the response. Because they manage essential services (from planning and highways to social care and biodiversity) councils are uniquely placed to build local resilience.
On behalf of the Climate Change Committee, CAG Consultants led a team to map the legal framework that dictates these responsibilities. The work, led by CAG partner Derek Morgan working with Louise Marix Evans and fellow partners Ailsa Gibson and Dr Rhona Pringle, highlights the “mosaic” of duties that currently exists.
The “Mosaic” of Governance
The report finds that under the UK’s current governance landscape, there is no single “Local Authority Climate Adaptation Duty Act” that brings all responsibilities into one place. Instead, adaptation is carried out under a complex mix of duties and powers provided through various laws regarding planning, flood risk, civil contingencies, and the environment.
While the legislative tools vary, the urgency is consistent. The report details how councils in all four nations rely on broad discretionary powers, such as the General Power of Competence (or the Power to Advance Well-being in Scotland), to deliver adaptation interventions. These powers are vital, enabling councils to go beyond legal minimums to protect their communities.
How does the landscape differ across the UK?
Our research highlights significant differences in how adaptation is codified across the four nations:
- England: There is no single statutory duty to adapt. Responsibilities are fragmented, relying on specific duties for flood risk and emergency planning, or the “de facto” duty created by national planning policy.
- Scotland: The framework is built on a direct statutory duty. The Climate Change (Scotland) Act 2009 requires public bodies to act in a way calculated to deliver the national adaptation programme.
- Wales: Adaptation is integrated into a holistic sustainability duty. The Well-being of Future Generations (Wales) Act 2015 makes climate resilience a core part of corporate decision-making.
- Northern Ireland: The landscape is changing with the Climate Change Act (Northern Ireland) 2022 introducing a statutory reporting duty, though flood risk management remains a centralised function.
Improving local resilience
Despite the complexity, the report shows that local authorities across the UK possess significant powers (particularly in planning, procurement, and land management) that can drive adaptation. By understanding this legal landscape, councils can better leverage their existing powers to address the risks leaving areas of the country exposed to climate impacts.
Read the full report
You can access the full report to explore the detailed breakdown of statutory duties, discretionary powers, and national policies guiding local authority action.