Court of Appeal rules decision to cut walking and cycling funding was unlawful

Campaign group Transport Action Network (TAN) successfully argued that the previous government’s decision to cut £200 million of funding for active travel schemes in March 2023 was made in an ad-hoc way that unlawfully bypassed the statutory process.

TAN’s claim was initially dismissed by the High Court in May 2024 but was heard at the Court of Appeal in April 2025, where judges today ruled that the decision to cut active travel funding was unlawful.  

In its judicial review challenge, TAN highlighted that under the Infrastructure Act 2015, the Secretary of State for Transport is required to periodically publish a cycling and walking investment strategy (CWIS) which provides specific objectives and funding to meet them. 

In July 2022, a CWIS was published which included dedicated funding for active travel schemes. But in March 2023, a decision was made to cut this funding by two-thirds. 

TAN argued that this decision went against the Secretary of State’s statutory duty under the Infrastructure Act to follow a certain process if the CWIS was varied, which included consultation and maintaining the certainty and stability of the CWIS if any changes were made. 

The group said that this requirement should represent a move away from off-the-cuff decision making. Ministerial briefings disclosed throughout the claim revealed that funding was cut at the last minute by the Treasury, according to TAN. 

Prior to the hearing, TAN warned that the decision to cut funding could set a dangerous precedent for ministers to make decisions in a way that contradicts legal frameworks and obligations. 

In the judgment, it was ruled that there was “no evidence” that the Secretary of State had taken the time to consider their statutory duties in respect of the variation to the CWIS or whether to consult before making the funding cuts. 

Christ Todd, director of Transport Action Network, said: 

“Given how good walking and cycling is for the economy, for improving access to jobs, for the NHS and people’s health, in fact all of Labour’s missions, it has been a mystery why Labour continued defending a Conservative cut. It doesn’t make sense. Investing in small scale schemes, rather than glossy mega-projects like roads, means higher returns for the country and real benefits for communities. We are hugely grateful for all the individuals and community groups who responded so generously, without their support this victory would not have happened.” 

Leigh Day solicitor Rowan Smith, who represents TAN, said:  

“This is an important victory for our client and the environment, which should stop a precedent from being set for government ministers to circumvent statutory processes. In this case, the Infrastructure Act lays out a process and framework for making decisions, which our client has now successfully argued were bypassed by the Secretary of State in the decision to cut active travel funding. This should ensure greater certainty and stability in respect of central Government funding for cycling and walking.”