In short: compensation under UK261 and EU261 is a fixed amount per passenger, not per booking and not linked to the fare. A child with their own paid seat is a passenger like any other and is owed the same £220 / £350 / £520 (or €250 / €400 / €600) as an adult. Infants travelling on a parent’s lap are less clear: the regulation excludes passengers travelling free of charge, so airlines often refuse; where you paid a fare or fee for the baby, there is an argument that the infant is covered, but the law is not settled. Parents claim on their children’s behalf.
For a family of four, the difference between “per booking” and “per passenger” is large: a 4-hour delay on a flight from London to Faro can mean £1,400 rather than £350. Here is what the rules say.
Compensation is per passenger, and the fare does not matter
Article 7 sets compensation by distance, per passenger. The UK Civil Aviation Authority states that compensation is fixed per person and is not tied to the ticket price – which is why passengers on cheap low-cost fares receive the same amounts as everyone else.
So a child who paid a discounted child fare – available to anyone booking for a child – receives the full amount:
| Distance | Per passenger (UK261) | Per passenger (EU261) | Family of 4 (UK261) |
|---|---|---|---|
| Up to 1,500 km | £220 | €250 | £880 |
| 1,500–3,500 km | £350 | €400 | £1,400 |
| Over 3,500 km, 4+ hours late | £520 | €600 | £2,080 |
(For flights over 3,500 km arriving 3–4 hours late, the amount is £260 / €300 per passenger.)
The exclusion that matters: “free of charge”
Article 3(3) says the regulation does not apply to passengers “travelling free of charge or at a reduced fare not available directly or indirectly to the public”. It does apply to tickets issued under frequent flyer programmes.
What this means for children:
- Child fares sold to the public: covered. A child discount is a reduced fare available to the public.
- Children on award (frequent flyer) tickets: covered, like adults on award tickets.
- Infants on a lap with no payment at all: generally excluded as “travelling free of charge”.
- Infants on a lap where you paid a fee or a percentage fare: disputed.
Lap infants: what courts have said
There is no Court of Justice ruling on lap infants that we have been able to verify. The best-known UK decision is from Liverpool County Court in 2017. As reported by MoneySavingExpert at the time, a judge held that a six-month-old who travelled on a parent’s lap on a Ryanair flight from Lanzarote to Birmingham, delayed by nine hours, was not travelling free of charge because the parents had paid a £20 infant fee, and awarded compensation. Ryanair said it would appeal. A county court decision does not set a binding precedent, and we have not been able to confirm the outcome of any appeal.
The practical position in 2026:
- If you paid nothing for the baby, expect a refusal.
- If you paid an infant fee or fare, you can include the infant in the claim, citing the fact that a fare was paid. Some airlines will still refuse, and the question may need ADR or a court to decide.
- If the infant had their own seat with a paid ticket, they are a normal passenger and should be covered.
Who makes the claim?
The right belongs to each passenger, including a child. In practice a parent or guardian claims on the child’s behalf:
- Name every passenger on the claim form, children included. A claim “for the booking” may be paid for the lead passenger only.
- Give each child’s date of birth if the form asks for it.
- Payment usually goes to the parent’s bank account.
- If you use a claims agency, it will normally ask for a parent or guardian to sign for each child.
Care for families during the delay
The right to care – meals, refreshments, two calls or e-mails, and a hotel if the delay runs overnight – applies to every passenger, so ask for vouchers for each child. Article 9(3) adds that the airline must pay particular attention to the needs of unaccompanied children, and to passengers with reduced mobility and their companions.
The regulation does not list specific items such as baby milk or nappies. If you have to buy essentials because of a long delay and the airline provided no care, keep the receipts; the Court of Justice ruled in McDonagh v Ryanair (C-12/11) that, where an airline fails to provide care, passengers can recover what was necessary, appropriate and reasonable. See meal vouchers and overnight hotel rights.
Children and refunds
If a flight is cancelled, or delayed by 5 hours or more and you decide not to travel, the refund covers each ticket as paid – including child fares and any infant fee paid to the airline. See flight refund rights.
What changes with the EU reform
Under Regulation (EU) 2026/2202, which applies from 23 October 2027, an adult travelling with a child under 14 on the same booking must be offered a seat next to the child free of charge. If no adjacent seats are left, the airline only has to try to arrange them (amended Article 11(4)). This applies under EU261 only; it does not change UK261. See EU261 reform 2026.
Time limits for family claims
Each passenger’s claim has the same time limit: 6 years in England, Wales and Northern Ireland and 5 years in Scotland, and national rules elsewhere (time limits by country). Do not assume a child’s claim can wait longer – claim for the whole family together.
How to claim for the whole family
- Check the flight in our checker – the amount is per passenger.
- Claim from the operating airline and list everyone on the booking.
- Attach boarding passes for each passenger, including children.
- If the airline pays the adults but not the children, reply in writing and ask which provision it relies on. For lap infants, state what you paid for the infant.
- Escalate if needed: see how to claim and what to do if your claim is rejected.
Sources
- Regulation (EC) No 261/2004 – Article 3 (Scope), UK version – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 7, UK version – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 9 (Right to care), UK version – legislation.gov.uk
- Delays – UK Civil Aviation Authority
- Judge awards £300+ flight delay compensation to baby (April 2017) – MoneySavingExpert
- Press release No 8/13, McDonagh v Ryanair (C-12/11) – Court of Justice of the European Union
- EU agrees stronger air passenger rights – European Consumer Centres Network
- Regulation (EU) 2026/2202 – EUR-Lex