Fines for fly-tipping must be significantly increased to act as a
suitable deterrent, the LGA says.
Proposed changes to fly-tipping fines have been outlined in
a letter to the Sentencing Council, which has been co-signed by
the LGA alongside 158 local authorities and 10 professional
bodies.
Currently, the Sentencing Guideline for Environmental
Offences sets out a 12-step process to determine the sentence for
a fly-tipping offence. A deliberate fly-tipping offence
designated to incur ‘minor’ environmental harm brings with it a
fine with a starting point of Band F, which is 600 per cent of
weekly earnings. Based on average UK earnings, this should amount
to over £3,000, but from the 2,671 court fines issued in 2019/20,
the total value of these was £1,170,000 – an average of £438 per
fine.
The LGA says that current sentences handed down fail to
match the severity of the offence committed and do not act as a
suitable deterrent, highlighted by the fact that almost 20,000
incidents of fly-tipping occur each week in England.
The letter to the Sentencing Council highlights that in
order to encourage the use of FPNs, which are quicker and cheaper
to administer, and reduce pressure on the courts, court fines
should always exceed the £400 maximum FPN and include costs
incurred by the public purse and the police in bringing the
defendant to court.
It also calls for fly-tipping to be looked at by the court
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.
Cllr Darren Rodwell, environment spokesperson for the Local
Government Association, said:
“Fly-tipping is inexcusable.
“Councils are working tirelessly to counter the thousands
of incidents every year and are determined to crack down on the
problem. However, prosecution requires a high threshold of proof
and even when found guilty, the current fines fail to act as a
deterrent.
“Fly-tipping currently costs local taxpayers almost £50
million a year to clean up which could be better spent on other
vital services in our communities, but until the fine matches the
crime, the burden will continue to fall on residents.
“We are eager to work with government to update its
sentencing guidelines to ensure that those caught and prosecuted
for fly-tipping receive significant fines that help to offset the
huge costs to councils and ensure they never offend
again.”
Case studies
Mid Devon District
Councildiscovered 40 bags of hazardous material that was
fly-tipped on the public highway, including asbestos insulation
board. Due to its dangerous nature, the material had to be
removed by a licensed asbestos contractor at a cost to the
taxpayer.
Luton
Council’scampaign to help tackle fly-tipping has proven a
success, with 191 Fixed Penalty Notices being issued and paid
over the last year. Residents are being asked to help identify
offenders through the Wall of Shame campaign making regular
appeals on social media.
Enfield
Councildeclared a major campaign on grime this July, aimed at
halting an increase in fly-tipping during the pandemic and asking
residents to report fly-tips and given information on those who
are seen dumping it.
Durham County
Councilsaw a man fined £320 after pleading guilty to
fly-tipping. He was unable to pay the Fixed Penalty Notice
offered to him and was taken to court where he admitted to the
crime and paid over £650 including legal costs.
Thurrock
Council’sEnvironmental Enforcement Officers found and seized
a vehicle suspected of having been used to carry out a series of
fly-tips in the area. A Fixed Penalty Notice was issued to the
registered keeper of the driver.
Notes to editors
Letter to the Sentencing
Council, co-signed by the LGA and 158 local
authorities.
Environmental Offences
Definitive Guideline
Department for
Environment, Food and Rural Affairs’ Fly-tipping statistics for
England 19/20.
Previous LGA stories on
fly-tipping and litter.
