The Local Government Association (LGA) is calling on the
Government and the Sentencing Council to urgently review
sentencing guidelines for fly-tipping, after new figures show
that offenders prosecuted through the courts are often fined less
than the penalties councils can issue directly.
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 says this sentencing gap undermines
deterrence, weakens enforcement, and leaves councils out of
pocket after time-consuming and costly prosecutions.
Fly-tipping costs councils more than £19.3 million each year to
clear up, with 1.26 million incidents recorded in England in
2024/25 alone. Councils are taking increasing enforcement action
against offenders, but taking cases to court often requires
lengthy investigations, high evidential thresholds and
significant staff time.
Despite this, sentencing outcomes frequently fail to reflect the
seriousness of the offence or the public cost involved.
In York, two offenders were each fined £300 by magistrates for
waste offences, despite Fixed Penalty Notices of £600 and £1,000
being issued. 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. In Chelmsford, two offenders were each fined
£300 after being prosecuted for fly-tipping, lower than the £400
Fixed Penalty Notices they had received.
The LGA says 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.
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 LGA says stronger sentencing would also support the
Government's ambition to improve pride in place by protecting
local environments and public spaces.
Ends
Notes to editors
- In 2024/25, councils in England dealt with 1.26 million
fly-tipping incidents.
- Fly-tipping costs councils over £19.3 million annually to
clear up large-scale incidents.
- Magistrates' sentencing guidelines link fines to means and
harm, but average fines remain lower than fixed penalty notices.
- The current success rate for council prosecutions and it
stands at 99.1%, the highest it's ever been.
- The maximum fine for a fixed penalty notice is £1000. The
average fine issued by councils last year was £626
