Corporate report

Climate change adaptation strategy 2024: MOJ

Published 22 April 2024

Foreword

The evidence is clear that our climate is already changing both in the UK and across the world. And we know that we must prepare for a future of even hotter and drier summers, warmer and wetter winters, and more frequent and intense weather extremes. While we work to decarbonise and slow the pace of global temperature rise, we must also now adapt to the effects of our changing climate.

The Ministry of Justice (MoJ) is committed to taking clear and decisive action to increase our resilience to the impacts of a changing climate. We were the first central government department to publish a Climate Change Adaptation Strategy back in 2020. Since then, the UK has experienced the two hottest years on record with heatwaves, droughts, wildfires and flooding across the country. To keep pace with the increasing climate risk to our operations, and our improved understanding of climate risks, we have updated our strategy and internal Adaptation Action Plan, ensuring our response is smarter, more systemic and goes further and faster.

This strategy provides direction of what is required of MoJ, including our agencies and public bodies, to adapt to the changing climate and build our adaptive capacity. It will support MoJ in minimising the risks of climate change to our estate, operations, and people so that we can continue to protect the public from serious offenders, reduce reoffending and deliver swift access to justice.

It is clear that we must act now to increase our resilience to climate change to deliver a world-class justice system fit for the future.

Carl von Reibnitz

Chief Sustainability Officer, MoJ

Scope

This adaptation strategy is an update to the MoJ Climate Change Adaptation Strategy 2020, and forms a part of our wider sustainability strategy for the MoJ.

It covers the MoJ, its agencies and public bodies.

The strategy is relevant to a wide audience across the MoJ, including:

• property and estate managers
• business continuity management teams
• prison governors
• community payback
• facilities management providers
• finance, commercial and contract colleagues
• policy makers
• all the MoJ’s arm’s length bodies and non-departmental public bodies
• all staff and all service users
• the MoJ’s contractors and its wider supply chain

The strategy will also be of interest to other government departments with specific climate change policy interest, such as the Department for Environment, Food and Rural Affairs (Defra) and the Department for Energy Security and Net Zero.

All individuals working with, and for, the MoJ on its estate and operations are expected to follow the principles of this strategy and any related internal guidance.

Our vision

The MoJ works to protect and advance the principles of justice. The department operates one of the largest estates in government and delivers critical services which will be impacted by our changing climate. The effects will be wide ranging, with climate related physical hazards creating a set of dynamic and complex risks for the department.

As further climate change is already baked in for the coming decades, climate-related hazards such as heatwave events and floods will grow in frequency and severity. The MoJ is at the start of its journey of understanding and controlling its climate change vulnerabilities and building its adaptive capacity and resilience.

Our vision for climate change adaptation is:

The MoJ creates places and systems that are adaptive to the rapid, acute, chronic and cascading risks and challenges of climate change, enabling delivery of a world-class justice system that works for everyone.

This Climate Change Adaptation Strategy will enable the MoJ to understand its vulnerabilities and increase its resilience to climate-related events and indirect impacts.

It is critical that we adapt our sites and operations to the risks of the current and future climate. If our sites are closed or impacted by climate events, this has a direct impact on our ability to protect the public, reduce reoffending and deliver swift access to justice.

Case for change

Even with our ongoing efforts to limit global heating, emissions have been baked into the climate and further climate change is inevitable in the future. The UK will therefore need to manage the current and emerging risks and opportunities from climate change. Globally, climate change adaptation efforts have lagged considerably behind climate change mitigation efforts.

The UK already incurs significant economic costs from climate extremes, such as flooding events. These risks and incurred costs are accelerating. The economic impacts of catastrophic events have continued to grow alongside the estimated resilience investment requirements as climate change increases in severity. Even if the Paris Agreement goals are achieved, the significant costs of climate change events in the UK over the next 20 years can only be reduced with adaptation. Building our adaptive capacity to the impacts of climate change and enhancing climate resilience is a cost-effective way of protecting people and our operations.

It is challenging to quantify the costs of adaptation fully, however research by the Global Commission on Adaptation has found that investing $1.8 trillion in five key areas from 2020 to 2030 could generate $7.1 trillion in total net benefits. Many early adaptation investments are highly effective and deliver value for money with benefit-cost ratios typically ranging from 2:1 to 10:1. For example, every £1 invested in adaptation could result in £2 to £10 in net economic benefits.

The IPCC defines adaptation in the context of climate change as:

In human systems, the process of adjustment to actual or expected climate and its effects, in order to moderate harm or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate and its effects; human intervention may facilitate adjustment to expected climate and its effects.

IPCC, AR6, annex VII glossary

For the purposes of this strategy, the MoJ is in the process of adapting to actual and expected climate change impacts and their effects. Our aim is to become much more resilient to the direct, acute, and more chronic and cascading impacts of climate change so that our estate and our operations can continue to provide the department’s key services.

Our journey so far

The MoJ is leading the way with adapting the justice system to the effects of climate change, having been the first department to produce a climate change adaptation strategy in 2020. Since 2020, the scale and ambition of our climate change adaptation programme has grown considerably. Never has there been such an urgency to adapt to a changing climate and become more resilient to the impacts that are being felt now, and in the future.

Since the 2020 strategy, we have increased our understanding of our climate change risks and have established partnerships with other organisations to inform our position. We now understand the vulnerability of our estate better and have initiated research projects on overheating and flood risk to improve that understanding further. Climate change risk has been included into MoJ’s sustainability risk management and specific risks have been assessed by business areas.

Adaptation is an ongoing and iterative process, so in 2028 we will review and reflect on our progress, the changes made, their effectiveness and the direction of our strategy going forwards, and we will continue to implement actions beyond this. This also ties into the government-wide National Adaptation Programme’s timelines, so we will be able to align our strategy with the latest climate science and cross‑government commitments for climate adaptation.

Ministry of Justice’s Climate Change Adaptation Journey

What’s happened	Year
Climate Change Adaptation Strategy 2020	2020
Climate Resilience and Adaptation Group (CRAG)	2022 onwards
MoJ CCRA1 Climate Change Risk Assessment	2021 -2022
Climate Change Adaptation Strategy update	2024
Overheating Research Project	2022 - 2024
Flood risk assessments	2022 - 2025
NAP3 risk H13	2023 - 2028
Climate Change Adaptation Action Plan (CCAAP)	2024 - 2028

Legislative and policy obligations

The MoJ is obligated to adapt to climate change through various domestic and international policy instruments.

UK Climate Change Act 2008

In line with the Climate Change Act 2008, the UK government must produce, on a five-yearly cycle, a UK Climate Change Risk Assessment (CCRA), followed by a National Adaptation Programme (NAP). The UK has undertaken three comprehensive CCRAs and has published plans for adapting to those risks. The NAP is primarily for England but also covers reserved and non-devolved matters.

Devolved administrations produce their own adaptation programmes. Defra is the lead department for domestic climate adaptation, but actions and policies are implemented across government. The Climate Change Act also gives powers to the UK government to require certain organisations to report on how they are adapting to climate change. This is called the Adaptation Reporting Power.

In June 2021, the Climate Change Committee (CCC) published its progress report to Parliament on how the UK is adapting to climate change. This report found that the UK is less prepared for the changing climate now than it was when the previous risk assessment was published five years ago.

In the 2021 third Climate Change Risk Assessment (CCRA3), prison services were identified as a new specific risk given the vulnerability of prisons to high ambient temperatures. As a result, the MoJ has developed a work programme to reduce this risk as part of the third National Adaptation Programme (NAP3). The NAP3, including the MoJ’s adaptation pathway, was published by Defra in July 2023. While it covers England only, the MoJ manages Welsh prisons too, and will be ensuring that our policy response covers Wales.

Sustainable Development Goals

The UK is committed to the delivery of the Sustainable Development Goals. These include goal 13, ‘Take urgent action to combat climate change and its impacts’, and associated target 13.1, ‘Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries’.

Greening Government Commitments

The UK government’s Greening Government Commitments set out targets that departments and partner organisations should meet. The 2021 to 2025 Greening Government Commitments set out new measures on climate change adaptation.

The MoJ is required by the Greening Government Commitments to develop an organisational Climate Change Adaptation Strategy across its estates and operations. It is also required to conduct a CCRA and develop a Climate Change Adaptation Action Plan (CCAAP), including existing or planned actions in response to the risks identified.

These requirements have already been actioned ahead of target by the MoJ, and we are leading government in adapting to climate change. In line with Greening Government Commitment requirements, the MoJ provides a summary of how this strategy is being implemented in its annual report and accounts.

Greening Government Commitments: Adapting to climate change

Headline commitment:

Develop an organisational Climate Change Adaptation Strategy across estates and operations. This headline commitment is broken down into two parts:

• departments should conduct a Climate Change Risk Assessment across their estates and operations to better understand risk and to target areas that require greater resilience
• departments should develop a Climate Change Adaptation Action Plan, including existing or planned actions in response to the risks identified

Departments should develop a strategy most appropriate to the size and diversity of their estates and operations and their existing approach to adaptation.

Sub-targets:

1. Accountability – departments should establish clear lines of accountability for climate adaptation in estates and operations and engage in wider governance and risk structures when appropriate

2. Transparent reporting – in their annual report and accounts, departments should provide a summary of how they are developing and implementing a Climate Change Adaptation Strategy. Departments may wish to give a high-level statement and describe specific actions they are undertaking where appropriate

Devolved administrations

The governments and assemblies of the devolved administrations (Scotland, Wales, and Northern Ireland) create climate change policy for their devolved area and support the implementation of UK‑wide policies.

As well as being covered by the Climate Change Act, Scotland, Wales, and Northern Ireland have separate climate change policies.

• The Climate Change (Scotland) Act 2009 commits Scotland to net zero emissions by 2045. This includes a 56% reduction by 2020, 75% by 2030 and 90% by 2040 against the baseline. There is also a requirement to produce a Scottish climate change adaptation programme.
• The Environment (Wales) Act 2016 introduces a duty on the Welsh Government to develop carbon budgets and to reduce emissions by at least 80% by 2050. Following the CCC’s advice in 2019, the Welsh Government set the foundation to make Wales net zero by 2050.
• The Northern Ireland Executive is developing a new energy strategy for Northern Ireland, and will write to the CCC for advice on how Northern Ireland can better contribute to UK targets for net zero greenhouse gas emissions by 2050.

25 Year Environment Plan

The 25 Year Environment Plan sets out goals for improving the environment within a generation and leaving it in a better state than we found it. It details how government will work with communities and businesses to do this, including adapting to climate change. While this policy is owned by Defra, a component to achieve environmental improvement is the NAP3, in which the MoJ is accountable for one risk.

Environment Act 2021

The Environment Act (2021) operates as a framework of environmental protection, allowing the UK to enshrine environmental protection into law. It provides new powers to set targets, plans and policies for improving the natural environment.

Environmental Improvement Plan

The Environment Act introduced the Environmental Improvement Plan (EIP). Its implementation mandated the government to periodically review and update the plan, ensuring consistent advancement towards the ten ambitious goals outlined in the 25 Year Environment Plan. This revised plan, known as EIP23, outlines a comprehensive framework that integrates the 25 Year Environment Plan objectives, Environment Act targets, and our domestic and international commitments to catalyse tangible enhancements in our natural surroundings.

The EIP sets a framework for environmental betterment and legally binding targets encompassing air quality, biodiversity, water, resource efficiency, and waste reduction, marine protected areas and woodland cover. It contains 10 goals including Goal 7 ‘Take all possible action to mitigate climate change, while adapting to reduce its impact.’

Where we are now

The MoJ’s priorities are to protect the public from serious offenders, reduce reoffending and deliver swift access to justice and improve the safety and security of our prisons. Adapting to climate change is an important objective to ensure that the MoJ can deliver on these priorities for years to come.

The MoJ is supported by 34 agencies and public bodies including His Majesty’s Prison and Probation Service (HMPPS) and His Majesty’s Courts and Tribunals Service (HMCTS) being the two largest. Our estates have a significant role to play in delivering justice. The MoJ estate is diverse in size, type, and location, and covers an area of almost six million square metres functioning mostly as: courts and tribunals, prisons, probation contact centres, approved premises (secure accommodation), training facilities, administrative offices, and supply, manufacturing and waste depots and farms. All these properties play a significant part in delivering justice.

We are delivering 20,000 additional, modern prison places, through the construction of six new prisons, as well as the expansion and refurbishment of the existing estate and temporary accommodation. So far, more than 5,400 additional places have been completed. This includes two new c.1,700 place prisons, HMP Five Wells, which opened in 2022, and HMP Fosse Way, which accepted its first prisoners in May 2023. It also includes 160 Rapid Deployment Cells at HMP Hollesley Bay which began accepting prisoners on 26 June 2023.

Case Study: Resilient new prisons and prison expansions

The MoJ is creating 20,000 modern and innovative prison places through its prison expansion programme. These will provide the right conditions for prisoner rehabilitation.

Prisons will be designed adopting a ‘fabric first’ approach and must comply with MoJ’s BREEAM Policy. The BREEAM standard is an independent scheme which assesses the sustainability of infrastructure projects. It can be used to challenge project teams to design for impacts of climate change including flooding and extreme weather events. The impacts of hazards on prisons will be evaluated using robust evidence, with plans put in place to manage the risks. How buildings are oriented and modelled for overheating will be carefully considered and appropriate solutions identified. For example, air handling units have capacity for cooling coils where overheating risks have been identified.

Alongside measures to adapt to climate risk, and as the government works towards net-zero by 2050, the new prisons being built in England will also incorporate measures to reduce energy demand. These measures include the use of heat pumps, efficient lighting systems, and solar panels.

State of the UK climate

Every nation in the UK recorded a record-breaking annual mean temperature in 2022, according to the Met Office. Global temperatures have already increased by over 1.1°C and continue to rise. Regardless of the UK’s ability to eliminate greenhouse gas emissions, the subsequent effects of emissions are already being felt and climate extremes continue to affect the UK. Climate change affects every aspect of our lives, from air quality and human health to poverty and economic impacts.

The state of the UK climate report from the Met Office is an annual publication which provides an up-to-date assessment of the UK climate. The report reviews significant meteorological events of the year, as well as the climate. The 2022 report shows the impact of continued global temperature rise in the UK, which both reaffirms that climate change is not just a problem for the future, but that it is already influencing the conditions we are experiencing now.

The 2022 state of the UK climate report states:

• the UK climate continues to change, but UK temperature extremes are changing much faster than average, based on 1960 to 2022 UK daily average maximum and minimum temperature
• 2022 was a record warm year for the UK, made more likely by climate change
• in 2022, the UK received 6% below average rainfall (1991 to 2020), but there has been a slight increase in heavy rainfall in recent decades
• sea level around the UK has risen by 18.5cm since 1900s, but the rate is increasing with over 60% of this (11.4cm) occurring over the past 30 years
• overall, 2022 leaf-on season was 7 to 16 days longer than average due to extended spring and autumn seasons
• projections show that without rapid, globally concerted efforts to reduce emissions, the recent changes observed in UK climate are set to increase

The UK experienced the knock-on effect of increasing global temperatures in 2022.

The UK climate continues to change with temperature extremes changing much faster than average temperatures. Climate change made the UK’s record warm year and unprecedented heatwave much more likely.

Climate change: An attribution study found that a year like 2022 is now almost 160 times more likely due to human-induced climate change.

Temperatures: 2022 was the warmest UK year on record (1884-2022) and the first time 40°C was experienced in the UK.

Sea-level rise: Sea level around the UK has risen by 18.5cm since the 1900s – over 60% of this (11.4cm) has occurred in the past 30 years.

Precipitation: In 2022, UK rainfall was 6% below average (1991-2020). A slight increase in heavy rainfall has been observed in recent decades.

Phenology: Overall, the 2022 leaf-on season was 7 to 16 days longer than average due to extended spring and summer seasons.

Extremes – 2022: Record breaking summer heatwaves reaching over 40°C in July, with drought declared in many parts of England and Wales. Significant cold spell in December.

What this means for the MoJ

The complex nature of the justice system and its estate presents unique challenges for climate adaptation.

As the climate continues to warm, the MoJ will invariably have operational challenges to contend with. Extreme weather events have already impacted our operations (see case studies below). These impacts are likely to get worse in severity and frequency year-on-year, as extreme weather conditions are set to become the new normal. The UK’s justice system will need to be able to face the complex challenges posed by climate change to ensure it can still function effectively.

Through our new prison expansion programme, we are increasing the adaptive capacity of the estate using the Building Research Establishment Environmental Assessment Method (BREEAM). The MoJ BREEAM policy contains mandatory credits for adaptation. However, this is only a small proportion of the total estate and retrofitting the existing stock will be challenging.

Case study: Derwent Probation Contact Centre

In February 2022, Storm Franklin caused water levels to rise in Derby city centre, impacting Derwent Probation Contact Centre. Many roads and streets were forced to close with the river gauge measuring 3 metres. Measurements above 2.19 metres are likely to cause flooding to properties, which was exceeded by this storm as well as in 2019 (3.35 metres). The flooding impacted the operation of the probation contact centre, which had to close from 2:30pm until the following morning. The site operates usually on a 9am to 5pm basis, as a marshalling point for probation activities. Being unable to operate on the site impacted the staff working within the building, as well as those on probation. As a result, the MoJ is having to find an alternative building. This provides a key example of an MoJ asset which is already at severe risk of climate-related events. With future changes in our climate, events like these are predicted to increase in magnitude and frequency.

Case study: Westminster Magistrates’ Court

In 2017, a man died from excessive heat after being kept in a transfer van and then an unventilated court cell on one of the hottest days of the year. Due to a failing in the court air conditioning, and a lack of effectiveness from the portable air conditioning units, the ventilation in the cell did not dissipate the heat.

Since the incident, the MoJ has worked with their contractor to agree new procedures to manage extreme temperatures in vehicles and court custody suites. The MoJ will also be trialling new specialist heat sensory devices in the custody suites that were not previously required.

Interdependencies and cascading risks

The nature of climate risks is systemic and that there are multiple cascading impacts from these risks. The World Economic Forum’s global risks report 2023 also identifies 2023 as the year of the ‘polycrisis’, where risks are more interdependent and reciprocally damaging than ever.

In their 2023 progress report to Parliament, the CCC also states that: “Interdependencies from infrastructure linkage, dependencies on the natural environment and socioeconomic connections are all key sources of cascading and compounding climate change risks.”

Figure 2 shows the cascading risks of climate change on the criminal justice system. It describes how projected global climate change will lead to first, second and third order impacts on the system.

The summary below explores how the MoJ fits into the bigger picture of interdependent and cascading risks, and how these risks may manifest themselves to affect the justice system in years to come. This examination is based on the Independent Assessment of UK Climate Risk, the statutory advice provided by the CCC. The risk assessment considers 61 UK-wide climate risks and opportunities cutting across multiple sectors of the economy and prioritises the following eight risk areas for action in the next two years.

Within the CCC’s CCRA3 technical report, chapters 3 to 7 present the assessment of risk and opportunity to the UK, broadly categorised by general areas of policy or societal interest which illustrate how climate change is affecting all aspects of life in the nation.

Summarised CCRA3 chapters

Table 1: Summarised CCRA3 chapters

Chapter	Description	What this means for the MoJ
Chapter 3 – Natural environment and assets	This chapter covers ecosystems, biodiversity, agriculture and the rural landscape, including the cultural landscape.	The natural environment is deeply interlinked with adaptation efforts. Our plans to safeguard, protect and restore nature could be significantly impacted by the future climate. Similarly, the opportunity to harness nature-based solutions to climate change can deliver multiple benefits for people and wildlife.
Chapter 4 – Infrastructure	This chapter represents the physical assets that humans have constructed to support a modern, functioning society by providing protection from the elements, supplies of energy and water, and facilitating transportation.	The systems nature of infrastructure means that any risk has the potential to have a propagating impact across the network or lead to cascading failures across multiple networks. The consequences of cascading risks cause far-reaching social and economic disruption beyond the initial impact. For example, if staff attend work in our courts, prisons and probation centres and do not have access to the infrastructure identified in this risk, that could compromise their ability to work effectively.
Chapter 5 – Human health, communities and the built environment	This chapter includes wellbeing, culture and homes of people as individuals or groups.	The MoJ provides justice services and accommodation facilities which are susceptible to risks such as overheating or underheating. Our building stock is hugely complex with a range of uses and typologies. The health needs of justice-involved populations are also complex. The MoJ will need to consider the links between the future climate and the health and wellbeing of staff, prisoners and other service users. Resilience planning will include the existing estate, the new estate, the prison transformation programme and other estate developments, as well as the operations that support the justice system, including transportation.
Chapter 6 – Business and industry	This chapter represents the economic operation of the country.	Business and industry risks are relevant to the MoJ for the supply of goods and services, including staff productivity. The MoJ will also need to consider supply chain resilience.
Chapter 7 – International dimensions	This chapter reflects the critical, close relationship between the UK and the rest of the world.	International dimensions affect the MoJ because we rely on global supply chains. There is also a risk that climate migration may put a further strain on the justice system, particularly for the Home Office.

The CCRA3 and the NAP3

The Climate Change Act 2008 requires the UK government to create a programme for adaptation to climate change every five years to address risks and to increase resilience to climate change. The CCRA3 assessed a set of 61 specific risks and opportunities to the UK from climate change. It identified more action is needed to reduce climate-related risks to prisons (risk H13), particularly around overheating, flooding, and water scarcity. This work, focusing on prisons, is one component of the MoJ’s wider climate resilience programme.

Our strategic objectives will enable us to deliver on our adaptation pathway for the NAP, where three main actions are outlined below.

H13 – Risk to prison services (MoJ)

Risk Reduction Goal

Improve the resilience of prisons to climate risks and build adaptive capacity, to minimise the impact of climate change on the justice system.

Action 1

MoJ will produce an updated Climate Change Risk Assessment using different degrees of warming, and research and pilot physical adaptation interventions by 2027 to increase understanding of appropriate adaptation measures with potential for upscaling across the estate.

Action 2

MoJ will design and build new prisons by 2027 targeting BREEAM Excellent standard as a minimum, with a requirement to conduct a Climate Change Risk Assessment to reduce risks from climate change such as overheating and flooding.

Action 3

MoJ will address research gaps including the interdependencies between climate, staff and prisoner behaviour, nature, health and wellbeing. MoJ will pilot operational interventions such as Flood Plans and Heatwave Guidance by 2027 to reduce the risk of prison service delivery failure.

While the NAP3 pathway is focused on prisons, we are also preparing for the impacts of climate change across all of our settings, which include prisons, probation sites, courts, tribunals, and our office estate.

Strategic priorities

This strategy will be achieved via three strategic priorities, which are required to implement climate change adaptation and plan our approach to adapting to climate change. These strategic priorities will help us to reduce potential damages and to cope with the consequences of climate change. By planning and implementing adaptation alongside mitigation efforts, we can maximise the benefits and minimise trade-offs and maladaptation. An internal CCAAP will sit as the framework to catalyse these strategic priorities. Taken together, these strategic priorities will enable the department to move towards transformative resilience.

Smarter adaptation

We will have a better understanding of how to adapt our estate and operations and ensure climate resilience is embedded across the MoJ.

Strategic priority 1: Smarter adaptation

Smarter adaptation enables us to improve our knowledge and manage the uncertainty of climate change within the justice system. We will be able to draw on improved data and evidence and expand our knowledge, reduce our climate risk exposure and vulnerability, increase our ability to adapt, and move towards resilience. Currently, our ability to adapt is held back by lack of data, funding, and evidence on climate impacts in the justice system. We need to plug this gap by improving our knowledge, defining problem statements, and conducting research to justify investing to increase our adaptive capacity, backed by evidence. We will look to research high-impact, low-probability events and ensure that we monitor the impacts of climate change and our adaptation actions over the long term. Through this investment we will trial interventions, learn from their effectiveness to combat known problems and issues, and uncover and deal with unknown problems too.

More systemic adaptation

We will integrate the principles of good adaptation into everything we do to strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.

Strategic priority 2: More systemic adaptation

More systemic adaptation will enable us to integrate the CCC’s principles of good adaptation (defined in table 1) across the department in a more holistic way, collaborating across the entire organisation to integrate adaptation into cross-cutting priorities and policy development. We will ensure the co-benefits of bringing net zero and adaptation plans together and will consider multiple impacts or interdependencies across and within systems. We will ensure that the findings from our current CCRA, and any future iterations, are shared across agencies and functions, empowering them to integrate climate risks into their own risk management plans. We will support projects and programmes across the department to use the Green Book supplementary guidance on accounting for the effects of climate change as a minimum.

Faster adaptation

We will have an effective adaptation plan that is robust, flexible and responsive to the changing needs of our justice system, enabling adaptation to be implemented faster and more efficiently across MoJ.

Strategic priority 3: Faster adaptation

Climate adaptation across the MoJ must be responsive to the changing needs of the justice system and the changing climate. We need to adapt faster and more efficiently, from identifying problems to implementing solutions. We will work to monitor the risk exposure of our operations and the actual impacts experienced, so that further development and review of the strategy are better informed and that responsiveness to escalation is enabled. There is a very strong economic case for early action in relation to no- and low-regret interventions, as these have immediate economic benefits from reducing current impacts. We will increase efforts to adapt our estate and operations, using existing tools to complement our own, such as the UK Climate Impacts Programme’s Adaptation Wizard and the Cabinet Office’s Office for Government Property’s Estates Adaptation Framework. These tools will allow us to enhance and fast-track our estate adaptation plans, optimise operations, and implement solutions across the board. Adaptation is an iterative process, so there are no target dates to become ‘fully adapted’. Building our adaptive capacity at pace is of utmost importance.

Principles for good adaptation

The CCC’s 10 principles for good adaptation are intended to bring adaptation into mainstream consideration by government and business and were written primarily for the next round of adaptation reporting (NAP3).

1. A vision for a well-adapted UK
2. Assess interdependencies
3. Integrate adaptation into other policies
4. Consider opportunities
5. Address inequalities
6. Understand threshold effects
7. Adapt to 2°C; assess the risks for 4°C
8. Prepare for unpredictable extremes
9. Avoid lock-in
10. Funding, resourcing, metrics, research

MoJ’s Climate Change Adaptation Framework

The MoJ has combined the CCC’s 10 principles for good adaptation alongside the ISO14090 standard to provide the department with the best framework to address these principles during the lifespan of this strategy and the CCAAP (table 2). These principles, combined with our three strategic priorities, will act as the foundation of our CCAAP.

Table 2: Principles for good adaptation

CCC 10 principles	ISO 14090 principles	MoJ
1. A vision for a well-adapted UK	4.11 Accountability	This strategy sets the vision and strategic priorities, delivered through our CCAAP and overseen by the Senior Sustainability Board.
2. Integrate adaptation into other policies	4.44 Mainstreaming and embedding	We will embed climate change adaptation into MoJ’s policies, projects, and programmes, as well as into wider governance and risk management processes.
3. Adapt to 2°C, assess the risks for 4°C	4.5 Robustness	We will go further than the CCC’s principle and assess risk under several UKCP18 climate scenarios in future iterations of our CCRA, ensuring that our CCAAP reflects the need for multiple climate scenario planning.
4. Avoid lock-in	4.5 Flexibility	We will strive to prevent lock-in (decisions that result in irreversible changes or increased damages) by intervening in decisions that cause maladaptation, and be flexible and pragmatic about the solutions proposed. For example, we will ensure that design in construction considers future climate changes, as we know that achieving higher standards via retrofit is very expensive compared to designing them into new buildings from the outset.20 By embracing a flexible decision-making process and using adaptive management, we will benefit from the opportunity to learn by doing and adapt based on what we have learnt.
5. Prepare for unpredictable extremes	4.5 Robustness 4.11 Accountability	We will prepare for unpredictability and ensure that all our plans, policies and procedures across the organisation can respond to a changing climate, and the unpredictable nature of climate change.
6. Assess interdependencies	4.9 Systems thinking	We will assess the interdependencies of climate change on the criminal justice system and associated systems, using systems thinking to ensure that we can correctly respond and adapt.
7. Understand threshold effects	4.5 Robustness	We will work with other agencies and partners to understand the threshold effects and ensure that plans are robust to deal with any exceedance of thresholds encountered.
8. Address inequalities	4.6 Subsidiarity 4.7 Sustainability	We will work to identify and address inequalities, as we know that climate change disproportionately affects those facing inequality.
9. Consider opportunities	4.8 Synergy between adaptation and mitigation of climate change 4.9 Systems thinking	We will identify any opportunities presented by climate change including partnership opportunities to address climate change impacts, which will enable us to better adapt our estate and our operations. We will combine expertise across the justice system and synergise between climate adaptation and climate mitigation, or net zero. Every mitigation action must work under different climate scenarios, while every adaptation action must work under different carbon futures.
10. Funding, resourcing, metrics, and research	4.2 Change-oriented perspective	Where we can do so, we will fund projects and programmes that enable us to further the work of climate change adaptation. This can include using partnership opportunities. This may involve changing organisational processes in response or in anticipation of changing circumstances.

Governance

Internal governance and reporting mechanisms

The department’s governance is structured so that accountability for sustainability, including climate change adaptation, is overseen by its Senior Sustainability Board. The board includes senior representatives from key parts of the organisation and is chaired by MoJ’s Chief Operating Officer. The MoJ has established clear lines of accountability for climate adaptation in estates and operations and engages in wider governance and risk structure when appropriate.

A cross-MoJ Climate Resilience and Adaptation Group was formed in 2022 to guide and embed climate change adaptation and resilience, which includes representatives from across the department and its arm’s length bodies. This group reports into the Senior Sustainability Board. The department will continue to work with other government departments and external organisations such as the Met Office to improve our approach and share best practice.

The climate change adaptation programme is regularly reviewed at board meetings, with senior representatives being held to account for the department’s overall resilience and adaptation efforts. The Senior Sustainability Board can escalate issues to other relevant MoJ committees, such as the Finance, Performance and Risk Committee, where necessary.

Governance image

Governance image description

Flowchart of governance hierarchy structure:

• Principal Accounting Officer / Permanent Secretary are supported by the Departmental Board at Non-Executive Director and Executive level.
• The Departmental Board is supported by the Audit and Risk Assurance Committee at Non-Executive Director and Executive level, and the Executive Committee at the Principal Accounting Officer / Permanent Secretary level.
• The Executive Committee is supported by the director level Finance, Performance & Risk Committee and Senior Sustainability Board, and the senior management level Net Zero Subgroup, Climate Resilience Subgroup, Nature Recovery subgroup, and Green Book Subgroup.
• The Executive Committee is also supported by the director level Investment Committee, and the senior management level Keyholder Review, and Programmes & Major Projects Business Cases.
• The Audit and Risk Assurance Committee and Finance, Performance & Risk Committee are linked by a secondary reporting route.
• The Green Book Subgroup and Programmes & Major Projects Business Cases are linked by a secondary reporting route.

Cross-government governance

The government has mandated governance structures for climate change adaptation and resilience and introduced cross-governmental boards that the MoJ participate, which are:

• The Climate Change Integrated Review Implementation Group (IRIG), chaired by the Department for Energy Security and Net Zero
• The Climate Resilience Steering Board, chaired by the Cabinet Office and Defra
• The Climate Adaptation Research and Innovation Board, chaired by the Government’s Chief Scientific Advisor
• The Adaptation Programme Board (previously known as the IRIG Sub-Group), chaired by Defra’s Climate Adaptation Team

Climate change adaptation and resilience governance spans across ministerial, director general, director and deputy director responsibilities throughout government. There are numerous working groups that sit beneath these structures seeking to address subject specific issues that MoJ also take part in, including a cross-Whitehall overheating working group.

MoJ is also a member of the Met Office Hadley Centre Climate Programme stakeholder group. The Hadley Centre Climate Programme is one of the main contributors in partnership with scientific collaborators in the UK and internationally, in answering key questions related to climate science. The group aims to ensure that climate science is aligned to the needs of stakeholders through steering groups.

MoJ has also entered partnerships with the Environment Agency and the Met Office to ensure that the MoJ’s adaptation programme is aligned with the latest climate science and data.

There are a wide range of organisations responsible for the implementation of actions in the NAP3, including government departments, agencies, and other stakeholders. One of the key risks highlighted for the MoJ was the need to adapt to the increased and prolonged periods of high temperatures and avoid overheating within both new and existing prisons (risk H13). The department will regularly review its Climate Change Risk Assessment in line with the five-year cycle created by the Climate Change Act.

Strategy review cycle arrangements

This strategy will be published on GOV.UK. It will be reviewed alongside the NAP timescales, to ensure it always captures the latest climate science, and to report to Defra on the actions we committed to as part of our NAP3 pathway submission.21

The strategy will be underpinned by a more detailed CCAAP, which will contain specific actions, including the commitments from our NAP3 pathway, that the MoJ will take between 2023 and 2028. This will enable us to move towards the achievement of our overall vision.

Risks to delivery

The MoJ’s exposure to current and future risks from climate change is increasing, both in the short and longer term. The MoJ has improved its awareness of climate change risks following its first CCRA in 2021/22. This section will describe risks to delivery of this strategy only.

Any strategy can face risks and challenges that may impact its successful implementation. These can include financial constraints, technological limitations, regulatory barriers, political instability, changes in leadership or priorities, inadequate resources or capacity, and unforeseen events or circumstances.

In the context of this Climate Change Adaptation Strategy, some specific risks that may impact the successful delivery of this strategy are listed below.

Risks to delivery	Effect	Likelihood / impact	Risk treatment
Lack of sufficient funding or resources: implementing a Climate Change Adaptation Strategy can often require significant financial resources, as well as personnel and other resources.	Implementing climate change adaptation measures will require significant financial resources. If these are not available, it will be difficult to effectively implement the strategy.	High / high	To reduce potential resource constraints, enhance the potential for partnerships and reduce the risks from climate change, it is essential to secure funding and resources so we can implement the Climate Change Adaptation Strategy. This may involve exploring funding opportunities during Spending Review cycles. We should also ensure that cost benefit analysis tools are used in the planning for resources. It is often more expensive to recover from serious flooding than it is to have the resilience built in. Applying Green Book supplementary guidance will support management of this risk.
Limited understanding, buy-in or awareness of the issue.	If stakeholders do not fully understand the importance of climate change adaptation or the specific actions being proposed, they may be less likely to support the strategy.	Low / medium	Engaging with stakeholders and ensuring that they are informed and engaged with the Climate Change Adaptation Strategy and current and future climate risks can help build support for the initiative and ensure that it is effectively implemented.
Limited capacity or expertise.	If the necessary skills or expertise are not available within the organisation, it can be difficult to effectively implement the strategy.	Low / high	Building the capacity and expertise of the organisation will help to reduce this risk. The MoJ will aim to embed capacity and expertise across its functions to ensure that adequate skills are developed.
Changes in leadership or priorities.	If MoJ leadership changes, or if there are competing priorities, it can be difficult to effectively implement the strategy.	Medium / high	Governance structures in place are currently sufficient to control this risk, however leadership or priorities could change.
Technological limitations: the implementation of a Climate Change Adaptation Strategy may require the use of new technologies or approaches.	If these technologies are not available or are not feasible to use, it can impact the success of the strategy.	Medium / high	Carefully selecting and implementing appropriate technologies can help reduce the risk of technological limitations. This may involve conducting research (such as the impacts of overheating), seeking expert advice, and piloting new technologies before scaling them.
Unforeseen events or circumstances.	Natural disasters, extreme weather events or other unforeseen circumstances can impact the delivery of a Climate Change Adaptation Strategy.	Medium / medium	Appropriate disaster preparedness planning, contingency planning in-house with key stakeholders including the HMPPS Operational Resilience and Readiness Unit and business continuity, and an understanding of the cascading risks to the justice system.

Implementation

This section provides an overview on how this strategy will be implemented, including delivery, monitoring, evaluation, communications, and reporting.

Delivery

This strategy will be delivered through a detailed CCAAP which will be produced in 2024. The CCAAP will apply a systems-thinking approach to ensure it embeds the principles of good adaptation and will acknowledge the complexities and interdependencies of the justice system. This will be the method for catalysing action on adaptation across the justice system and we will use our three strategic objectives as a framework. Progress updates will be cascaded to the relevant stakeholders within our governance structure, through the Climate Resilience Adaptation Group.

Monitoring

External monitoring of our climate change adaptation activity will be carried out by Defra, through the Greening Government Commitments reporting process. Similarly, we will engage with Defra to monitor any emerging impacts related to climate change adaptation and put appropriate arrangements in place to ensure we are represented in cross-government discussions.

Evaluation

Evaluation of the strategy will be carried out through several means. This strategy will form a regular item on the Senior Sustainability Board agenda, and the representatives from each business area will be held to account over their objectives. We will also continue to liaise with Defra to understand the department’s objectives within wider government.

Communications

Communicating the importance of climate change adaptation and resilience will be essential to build understanding of the impacts of climate change and how we can best adapt. We need to reach colleagues at every level as well as our wider stakeholders.

We will do this by:

• Communicating and engaging on matters relating to climate change adaptation and resilience across the MoJ and its agencies
• Raising the profile of the climate resilience and adaptation agenda across the MoJ and its agencies by implementing changes that benefit the justice system and its preparedness for climate change

Reporting

Reporting from respective agencies and functional areas will be co-ordinated by the Climate Change and Sustainability Unit and fed through to senior stakeholders as outlined below.

We will:

• Report our high-level activity in the sustainability section of the MoJ’s annual report and accounts
• Report delivery progress to the Senior Sustainability Board at least every six months
• Continue to report on progress against the Greening Government Commitment targets quarterly to Defra
• Provide progress reports to Defra on delivery of NAP3 pathway submission, when requested