High Court to hear claim that Department for Transport £200m cut to active travel fund breached duties

The High Court has granted permission for a judicial review claim that argues that the Department for Transport's decision to cut its Active Travel Fund by almost £200m breached climate, air quality and equalities duties.

Mr Justice Jay gave permission on 26 October for a full hearing, noting that Transport Action Network's (TAN) claim was "potentially an important case," particularly due to arguments concerning section 21 of the Infrastructure Act.

Under section 21 of the 2015 Act, the Department for Transport is required to publish walking and cycling objectives, plus the resources to be made available to achieve them, in a Cycling and Walking Investment Strategy.

The dispute centres around a decision in March 2023 to cut England's dedicated funding for walking, wheeling and cycling from £308m to £100m.

TAN claims that by making "ad hoc" announcements, ministers have unlawfully bypassed the 2015 Act.

On its crowdfunding page, the group said: "By cutting funding, there is now a stark and inevitable inconsistency between the active travel objectives and the funding to achieve them.

"Ministers appear to have failed to take into account the impacts on climate and air pollution targets. Also, their legal duties to make facilities more accessible for people with disabilities and cycling more inclusive for children, older people and women."

David Forsdick, KC of Landmark Chambers, is representing TAN. Leigh Day solicitors are instructing him.

The hearing is expected to take place early next year.

Chris Todd, Director of Transport Action Network, said: "It's fantastic to be making legal history. This could set a hugely helpful precedent for healthy travel. When they cut funding in March, ministers promised to find additional cash as soon as possible.

"Yet of the £36 billion saved from cutting HS2 this month, not a penny was dedicated to active travel. There wasn't a single example of a walking or cycling scheme in the huge list of projects the Prime Minister was promising.

"It's obvious that ministers are no longer serious, whether about their commitments to cut congestion, improve travel choices, address climate change or clean up our air. We're disappointed that we had no choice but to take them to court. However, we're delighted the judge agreed this important case deserves a full hearing."

Rowan Smith of Leigh Day Solicitors said: "Transport Action Network believes that these cuts to national cycling and walking funding massively undermine the Government's plans to address climate change and air pollution.

"It appears the Government hasn't followed its own statutory rules in this area, so TAN is delighted the Court has agreed a full hearing to question whether the minister's decision was lawful."

A Department for Transport spokesperson said: “We have already done more than any other Government to promote active travel, investing over £3 billion in active travel over the period to 2025 and Our recent Network North announcement will also see more funding going to local authorities to take forward local schemes in their areas which could include walking and cycling schemes.”

“We remain committed to our ambitious active travel targets and stand ready to defend the Secretary of State’s decision at the hearing in due course.”

Adam Carey