LGA calls for “urgent review” of fly-tipping sentencing guidelines, claiming court fines “undercut council penalties”

Councils warned that sentencing guidelines are now “out of step” with the real impact of fly-tipping on communities, the environment and public finances, and that “tougher penalties” are needed to deter repeat and organised offenders.

In 2024/25, councils in England dealt with 1.26 million fly-tipping incidents.

According to the LGA, analysis of the latest fly-tipping data shows that the average court fine for fly-tipping is £539, which is £87 lower than the £626 average fixed penalty notice (FPN) councils can issue for the same offence.

The LGA noted that while councils are taking increasing enforcement action against offenders, taking cases to court often requires “lengthy investigations, high evidential thresholds and significant staff time”.

It added: “Despite this, sentencing outcomes frequently fail to reflect the seriousness of the offence or the public cost involved.”

Giving examples, the LGA noted that in York, two offenders were each fined £300 by magistrates for waste offences, despite Fixed Penalty Notices of £600 and £1,000 being issued.

Meanwhile, in Wiltshire, a fly-tipper who failed to pay a £1,000 fixed penalty notice was fined just £80 when the case was brought to court.

Cllr Arooj Shah, Chair of the LGA Neighbourhoods Committee, said: “Fly-tipping is criminal activity that blights communities and costs taxpayers millions of pounds every year.

“Councils are working hard to investigate and prosecute offenders, but when court fines are lower than fixed penalties, it undermines enforcement and fails to act as a deterrent.

“Sentencing guidelines must be reviewed so that the punishment fits the crime and reflects both the harm caused and the significant work undertaken by enforcement officers.”

The Ministry of Housing, Communities and Local Government has been approached for comment.

Lottie Winson