Government consults on giving power to councils to issue fly-tipping offenders with conditional cautions

Under the proposals councils will also be able to recover the costs of the clean-up directly from offenders.

The Department for the Environment, Food and Rural Affairs said the proposals “aim to speed up enforcement so that criminals face justice quicker without lengthy court proceedings, while restoring streets and public spaces”.

The consultation on conditional cautions will run for eight weeks and end on 16 October 2026.

DEFRA said it wants views on how these cautions could be enforced, including whether to prosecute offenders who fail to comply or only partially comply.

It also wants to know about the likely:

• impact on prosecutions
• implementation requirements
• costs and potential savings from offender-led clean-up work
• organisations best placed to supervise such activity

The Department has also asked for views on any unintended or environmental consequences, and whether alternative measures would be more effective at deterring fly-tipping.

DEFRA has meanwhile announced a new Tackling Waste Crime Alliance intend to unite government, regulators, police and councils against waste criminals, and a review into raising the level of Fixed Penalty Notices issued by the Environment Agency for waste crime offences.

Environment Secretary Dame Angela Eagle said: “If you fly-tip it, you should be the one cleaning it up and paying for it. It’s that simple.

“Fly-tippers show a blatant disregard for our communities, leaving residents to live with the mess they create.

“I want to give councils new powers to make offenders take responsibility for their actions, by helping to clear up the communities they have harmed and covering the cost of putting things right.”

Last month saw the maximum on-the-spot fines for fly-tipping increased to £5,000, a 400% uplift from the previous level of £1,000.

Local authorities have also been issued with guidance on identifying and seizing vehicles involved in fly-tipping. This includes advice on taking cases to court and securing convictions against vehicle owners.