Flytipping in Shropshire: Low rate of fines defended
Councils have defended low rates of collection of fines for flytipping, after it was revealed that authorities nationally have collected more than £750,000 in the first year of a crackdown on illegal waste dumping.
Local authorities across England handed out more than 4,600 fixed penalty notices and collected at least £773,000 for the offence in the year after the Government gave them new powers to issue "on the spot" fines in May 2016.
But many have not used the powers, which allow councils to issue penalties of between £150-£400 to those caught in the act of fly-tipping instead of having to take them to court, a Freedom of Information request by the Press Association found.
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Of 297 English councils who responded with figures, more than two fifths (43%) said they had not issued any fly-tipping notices between May 9, 2016 when the powers were first launched, and May 8 2017.
One of those is Shropshire Council, which recorded a zero figure for collections. But it insisted that it was taking action against people for environmental crimes.
Robert Macey, Shropshire Council’s Cabinet member for regulatory services, said: “Many individuals have received written warnings for various environmental crimes - mainly littering - when witnessed by Shropshire Council officers.
"This is the level of enforcement used before the possibility of a Fixed Penalty Notice being issued.
"This approach is consistent with the council’s enforcement policy and is, in the main, an appropriate and proportionate response to such matters.
“Such a written warning will often change an individual’s behaviour and reduce the likelihood of them re-offending in the future, which is the main intention behind any enforcement action taken by the council.”
Telford & Wrekin Council recorded collections of just £400, however, it has only just stepped up its enforcement powers. It has trained 40 officers to be able to hand out fines.
Councillor Richard Overton, Telford & Wrekin Council’s cabinet member for enforcement: “This report covers May 2016 to May 2017. During that time the council wasn’t as active in its enforcement as it is now and its officers weren’t as well equipped as they are now in gathering evidence to take a case to court.
"At the time the council was reviewing its powers which led to its cabinet approving, in June of this year, a whole new approach to all forms of environmental enforcement, of which fly-tipping is part.
"The council has upskilled around 40 current members of staff in a number of new powers.
"The approach of this new campaign is not just to issue fines, for this is a last resort; it’s all about education and the ultimate aim is simply to reduce fly-tipping. As an example of our recent work, during the summer, the council focussed on the top ten streets for recorded fly-tipping in the borough. It began with an educational drive which led to a significant reduction in fly-tipping and no need to issue any fines.
"However, we will not let the persistent offenders get away with it and have, since the start of this campaign, prosecuted one man and issued 10 fixed penalty notices. The fine for fly-tipping is £400. Failure to pay could lead to an unlimited fine and/or imprisonment.”
Across England, the number of fly-tipping incidents have risen for three years in a row, government figures show, with councils reporting 936,090 cases in 2015/2016, up four per cent on the previous year.
Clearing up fly-tipped rubbish cost councils almost £50 million in 2015/2016, while enforcement action cost nearly £17 million.
Local Government Association environment spokesman Martin Tett said it was wrong that councils had to spend "vast amounts" a year tackling the problem at a time when they continued to face significant funding pressures.
The move by the Government to allow councils to apply fixed penalty notices for small scale fly-tipping - in response to requests from town halls - had been a "big step in the right direction" to help crackdown on fly-tippers, he said.
But he said councils may still feel prosecutions were the most effective course of action.
"When they take offenders to court, councils need a faster and more effective legal system which means fly-tippers are given hard-hitting fines for more serious offences.
"Local authorities should also be able to recoup all prosecution costs, rather than be left out of pocket."
An Environment Department spokeswoman said: "Fly-tipping is an unacceptable blight on our landscape, which is why we have cracked down on offenders by strengthening sentencing guidelines and giving councils the powers to hand out on-the-spot fines to fly-tippers.
"We have made it easier for vehicles suspected of being used for fly-tipping to be stopped, searched and seized and will continue to work with local partners to stop this inexcusable crime."
