In a statement yesterday (18 August) the cross-party organisation representing local authorities in England and Wales said a review could make court action “more worthwhile” for councils and reduce fly-tipping in communities.
The LGA issued its call alongside analysis of data showing that fly-tippers prosecuted for the “worst waste dumping offences” were fined an average of just £335 in 2020/2021, £65 below the £400 fixed penalty notice councils can issue as a civil action.
In addition, 2020/21 saw local authorities in England deal with 1.13 million fly-tipping incidents, the LGA says, an increase of 16% from the 980,000 reported in 2019/20.
Therefore, the LGA suggests there is a need for tougher sentences to deter fly-tipping, adding that such offences cost councils more than £50 million a year to clear up.
Low fines
The association said that, while councils are increasingly taking enforcement action against fly-tipping, prosecution often requires “time-consuming and laborious investigations, with a high threshold of proof”.
Additionally, councils are often left “out of pocket” from court action due to costs not being fully repaid, the LGA claims.
As an example, the LGA cited a case in Weymouth from this month where a man was issued a fixed penalty notice of £400 for fly-tipping on the side of a road. After no payment was received, the local council and officers went on to prosecute the man, yet the court ended up fining him £150, the LGA says.
In another example cited by the LGA, a woman in Sissinghurt who failed to pay her £400 fixed penalty notice was ordered to pay a fine of just £200.
Review
As a result, the LGA is calling for a review of guidance for courts to ensure “tougher fines” for the worst offenders and councils have the funding needed to investigate and prosecute fly-tippers.
According to the association, councils want courts to look at fly-tipping as an offence first, rather than at the individual and their ability to pay.
They also called for greater use of suspended or custodial sentences for anyone convicted of a second fly-tipping offence.
Cllr David Renard, environment spokesperson at the LGA, said: “Fly-tipping is criminal activity and is a blight on our public spaces. The individuals responsible for it must be held accountable and prosecuted.
“We support the government’s investment in CCTV in fly-tipping hotspots, but without higher fines for the worst-kind of offences, criminals will remain undeterred.”
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