Lenient sentencing leading to low fly-tipping fines – councils warn

This pile of waste was dumped in Heywood in 2021

Fly-tippers prosecuted in court for the worst waste dumping offences were handed an average fine of just £335 in 2020/21, the Local Government Association says.

Analysis of latest figures by the LGA shows that average fines issued by courts following criminal proceedings averaged at £65 less than the £400 fixed penalty notice councils can issue as a civil action.

The LGA, which represents more than 350 councils across England and Wales, says tougher sentences are needed to deter fly-tipping, which costs councils more than £50 million a year to clear up.

For the 2020/21 year, local authorities in England dealt with 1.13 million fly-tipping incidents, an increase of 16 per cent from the 980,000 reported in 2019/20.

Councils take fly-tipping extremely seriously and are taking increasing enforcement action against the criminals responsible. However, prosecuting fly-tippers often requires time-consuming and laborious investigations, with a high threshold of proof.

In addition to the low fines, councils are often left out of pocket from court action as their costs are not fully repaid.

The LGA is calling on the government to work with councils on reviewing guidance to the courts to ensure the worst offenders face tougher fines, and to ensure councils have the funding needed to investigate and prosecute fly-tippers.

Councils want courts to look at fly-tipping 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.

Councillor Liam O’Rourke, Rochdale’s cabinet member for climate change and environment, said: “Fly-tipping is inexcusable and can make people’s lives a misery so all sanctions handed down by the courts, including fines, should reflect this.

“Unfortunately, on occasion, fines do not match the severity of the offence or serve as a real deterrent. We work continuously to reduce fly-tipping and charge offenders by serving formal cautions and on-the-spot Fixed Penalty Notices (FPNs) when evidence is found. If a case does go to court, we also publicise the offender’s name and address following a successful conviction.

“We simply will not tolerate fly-tipping in our borough.”

Residents can report fly-tipping, littering or those responsible at rochdale.gov.uk/flytipping or by calling 0300 303 8884. Details on how to check for a waste carrier’s licence can also be found on the same page.

Bulky waste collections can be booked at rochdale.gov.uk/bulkywaste