Maximum penalty for fly-tipping to double but councils say changes do not go far enough

The Government has introduced a statutory instrument (SI) increasing the upper limits for various fixed penalty notices (FPNs), which includes a change to fly-tipping fines that more than doubles the maximum penalty for offenders.

But the Local Government Association (LGA) has criticised the policy, stating that councils want to see the cap removed.

Under the changes, the upper limit for fines handed out over fly-tipping will rise from £400 to £1000.

The SI will also see the maximum fine for littering from £150 to £500. The limit for fines handed out to those who breach their household waste duty will also rise from £400 to £600.

In response to the announcement, Cllr Darren Rodwell, environment spokesperson for the Local Government Association, said: "It is positive to see Government listening to councils on the need for flexibility and to determine locally whether to increase fines. However, these new powers do not go far enough, councils want to see this cap removed altogether."

Cllr Rodwell said the LGA wants to work with Government on reviewing guidance to the courts to ensure the worst offenders face tougher fines and to ensure councils have the funding needed to investigate and prosecute fly-tippers.

He added that councils want courts to look at fly-tipping "as an offence first, rather than at the individual and their ability to pay, as well as more use of suspended sentences, or custodial sentences for anyone convicted of a second fly-tipping offence.

"But paramount to all of this is the fact that councils needs a stable financial environment so that they can afford to employ officers to develop litter strategies and put the best local actions in place", he noted.

The LGA has been calling for reforms to the fining system for some time. Calling for an increase to fines in August 2022, the LGA noted that its own research showed that fly-tipping fines in 2020/21 averaged just £355.

In addition to increasing the upper limit on fines, the Government has launched a consultation on ringfencing the receipts from FPNs for litter and fly-tipping to fund local authorities' enforcement and clean-up activities, such as spending the money raised from fining criminals on further enforcement officers.

"This would see the money paid by criminals go directly back into repairing the damage from their crimes, or into enforcement efforts to prevent similar incidents from happening again", the Government announced.

It later added: "The Government wants councils to take a much tougher approach to this type of anti-social behaviour. Taking proportionate and effective enforcement action against people who intentionally or carelessly damage their environment is a practical step local authorities can take to change behaviour and deter others from offending.

"Our enforcement guidance, as part of the Code of Practice on Litter and Refuse, advises on best practice for litter enforcement from local authorities. The guidance makes clear that in no circumstances should enforcement activity be considered a means to raise revenue. New powers under the Environment Act 2021 will allow us to ensure that enforcement powers are used with a high degree of professionalism, whether by council staff or private contractors, and to place this enforcement guidance on a firm statutory footing."

The statutory instrument was laid on Monday (10 July). The changes will come into force on 31 July 2023.

Adam Carey