Fly-tipping- LGA call for tougher penalties after York cases

York Magistrate’s Court’s £300 fines handed down to each offender compared to penalties of £600 and £1,000 from York Council were among cases highlighted by the Local Government Association (LGA).

Cllr Arooj Shah, the LGA’s Neighbourhoods Committee chair, said they and others showed the current system was failing to deter offenders, with changes needed to make punishments fit the crime.

City of York Council’s communities lead Pauline Stuchfield said people who did not pay penalties would be prosecuted, named, get a criminal record and face costs and surcharges on top of fines.

A Government spokesperson said they were giving councils the tools to tackle waste crime, closing legal loopholes exploited by offenders and bringing in tougher powers to enforce laws.

It comes as the LGA called for a sentencing guidelines review after figures showing court fines handed to offenders were often less than penalties given out by councils.

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LGA analysis of the latest data showed the average court fine of £539 was £87 lower than the £626 fixed penalty notices (FPNs) councils were issuing for the same offence.

Councils can issue FPNs of up to £1,000 to offenders which are discounted to £500 if paid off early.

Cases highlighted by the LGA included 28-year-old Jake Calam who was fined earlier this year after pleading guilty to dumping waste on a footpath from July 2024 to July 2025.

Lianne Hodkinson, 43, admitted to paying an unlicensed waste remover she found online who took her rubbish and dumped it on land off Clifton Road Park, in Rawcliffe.

York Magistrates Court fined both offenders £300 each and ordered Calam, of Foxwood Lane, to pay a £120 victim surcharge and £750 in prosecution costs.

Hodkinson, formerly of Riverside Gardens, Nether Poppleton, was also ordered to pay a £120 victim surcharge and £600 in costs.

The LGA said court sentences were now out of step with the real impact fly-tipping is having on communities.

The Local Government Association has called for tougher penalties to tackle fly-tipping (Image: Contributed)

The body, which represents local authorities, added it was undermining deterrence, weakening enforcement and leaving councils out of pocket for pursuing time-consuming and costly prosecutions.

Cases taken to court often require lengthy investigations and have to meet high evidence thresholds which takes up a large amount of time for council staff.

Fly-tipping costs councils more than £19.3 million-a-year to clean up, with 1.26 million cases recorded in England in the year up to March 2025.

The LGA’s Neighbourhood Committee Chair Cllr Shah said changes were needed so penalties reflect the harm caused by fly-tipping and enforcement work.

Cllr Shah said: “Fly-tipping is criminal activity that blights communities and costs taxpayers millions of pounds every year.

“Sentencing guidelines must be reviewed so that the punishment fits the crime.”

York Council’s Communities Director Ms Stuchfield said Calam and Hodskinson had to pay £1,170 and £1,020 respectively after being prosecuted.

The director said: “As these cases show, we will take action against people who illegally dump waste.

“Our average FPN is £1,000 and is reduced to £500 if paid within 10 days.

“When it is paid, the matter is closed, when it is not paid, the person risks being taken to court.

“We encourage people to pay any fines as soon as they are incurred and to dispose of waste legally.”

A spokesperson for the Department for Environment, Food and Rural Affairs (DEFRA) said their new guidance including on-the-spot littering fines of up to £500 would help councils tackle waste crime.

The spokesperson said: “We are giving authorities the tools they need to fight back against waste crime.

“Digital waste tracking will close the loopholes criminals exploit, drones are catching offenders in the act, and councils have the power to crush their vans, making it more and more difficult for criminals to hide.”

A Sentencing Council spokesperson said they would be happy to consider any evidence regarding the effective operation of its guidelines.