Fly-tippers prosecuted in court are walking away with fines lower than the penalties councils can issue directly, undermining enforcement and failing to deter offenders, the Local Government Association has warned.
New analysis shows the average court fine for fly-tipping in England is £539 – £87 less than the average fixed penalty notice of £626 that councils can issue for the same offence. In some cases, the gap is even wider.
In York, two offenders each fined £300 by magistrates had originally been issued with fixed penalties of £600 and £1,000. In Wiltshire, a fly-tipper who failed to pay a £1,000 fixed penalty was fined just £80 when prosecuted. In Chelmsford, two offenders received £300 fines after being taken to court – lower than the £400 fixed penalties they had previously been given.
The LGA says the sentencing gap leaves councils out of pocket after lengthy and costly investigations, while weakening deterrence. Fly-tipping costs councils more than £19.3 million each year to clear up, with 1.26 million incidents recorded in 2024/25 alone.
Cllr Arooj Shah, Chair of the LGA Neighbourhoods Committee, said: ‘Fly-tipping is criminal activity that blights communities and costs taxpayers millions of pounds every year.
‘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.’
Despite a 99.1% success rate for council prosecutions – the highest ever – the LGA says tougher penalties are needed to deter repeat and organised offenders. Stronger sentencing would also support the Government’s ambition to improve pride in place by protecting local environments and public spaces, the organisation added.
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