Revised guidance on dealing with littering put on statutory footing

The changes refer to two forms of guidance: 

• The Code of Practice on Litter and Refuse‘ is statutory guidance that outlines the standards expected of local authorities and other duty bodies (e.g. National Highways) with regards to their duty to keep their land clear of litter and refuse.  
• ‘Litter enforcement powers: when and how to use them’ is statutory guidance to support local councils to make good use of their fixed penalty powers for littering and related offences.

Defra said the move would give councils in England stronger legal powers to “clamp down” on serious and persistent litterers.

Under the rules, councils will have the power to issue on-the-spot fines of up to £500 for littering, including when litter is thrown from a vehicle. 

Unpaid fines will double after 28 days, and if the offender can’t be identified, the owner of the vehicle will be held to account.

“This will lead to a more consistent and tougher approach to tackling litterers across the country, freeing up councils to concentrate on the worst offenders and support them in tidying up towns and restoring pride in our communities,” Defra said.

The Department added that the guidance makes clear that enforcement action should be “proportionate”.

Defra noted: “If there is reason to believe someone littered on purpose, it is up to the council to decide if they think they have enough evidence to issue a penalty that could potentially be challenged in court.”

It added: “Councils must now follow the guidance by law, which will deter them from entering contracts with private enforcement companies that treat litter fines as a way of raising revenue. Anyone who believes they’ve been unfairly fined can refer to the guidance in court and challenge whether the penalty was proportionate.”

Last week Defra issued guidance for local authorities that for the first time advises them on how to seize and crush vehicles used to dump waste.

Meanwhile, so-called “waste cowboys” caught transporting and dealing with waste illegally will face up to five years in prison under new legislation.

Circular Economy Minister Mary Creagh said: “Once again, hundreds of thousands of volunteers across the county will be setting off to their local parks, streets and beaches for the Great British Spring Clean next week – and they deserve our thanks for looking after our community spaces. 

“But we must stop litter louts from spoiling them in the first place, which is why we are giving local authorities clear legal powers to take action.  

“Councils across the country will now take the same tough approach on litterers and ensure they are being brought to justice.”

Lottie Winson