Criminals prosecuted through the courts for fly-tipping are routinely being fined less than the on-the-spot penalties councils can issue directly, the Local Government Association (LGA) has warned — and it is calling for an urgent review of sentencing guidelines.
New analysis shows the average court fine for fly-tipping stands at £539, some £87 lower than the £626 average fixed penalty notice (FPN) councils can issue for the same offence.
The LGA says the gap undermines deterrence, weakens enforcement and leaves councils out of pocket after costly and time-consuming prosecutions. Cases from across England illustrate the problem. In Wiltshire, a fly-tipper who refused to pay a £1,000 FPN was fined just £80 when the case reached court. In York, two offenders received £300 fines despite FPNs of £600 and £1,000 being issued.
Fly-tipping costs councils more than £19.3m a year to clear up, with 1.26 million incidents recorded in England in 2024/25 alone — and councils’ prosecution success rate stands at a record 99.1%.
Cllr Arooj Shah, chair of the LGA Neighbourhoods Committee, said: ‘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.’
