A second council has written to the Magistrates’ Association with concerns that enforcement for fly-tipping doesn’t do enough to deter offenders, outlining what it describes as a “significant deficiency” in public policy.
The letter was penned by Duncan Jones, partnership development manager for the Hertfordshire Waste Partnership, and chairman of the Hertfordshire Flytipping Group.
Fly-tipped waste in Much Hadham, Hertfordshire (Picture: Shutterstock)
It was sent “in support” of a previous letter sent by the 13 councils that make up the Kent Resource Partnership, on 24 August (see letsrecycle.com story).
The Hertfordshire letter outlines a recent case concerning a resident who in July was issued with a £300 fixed penalty notice for fly tipping. This wasn’t paid and he failed to appear in court earlier this month before an arrest warrant was issued.
It adds that the resident was fined “a mere £40” to which a victim surcharge of £32 and costs of £100 were added, a total financial penalty of £172.
“The court appeared to give little, if any, consideration with respect to the time and therefore costs incurred by the enforcing local authority”
The letter said: “From the FTG’s perspective the court appeared to give little, if any, consideration with respect to the time and therefore costs incurred by the enforcing local authority”.
Mr Jones reiterated that costs linked to the clear up of the fly tipping, the protracted court time, and costs incurred by the Constabulary, were not considered by the magistrates.
He added in the letter that fly-tipping in Hertfordshire costs taxpayers approximately £1 million per annum in clean up and enforcement costs, “which could be better spent on more vital public services”.
The letter reads: “With such costs as a context how can it be that the court arrives at a cumulative financial penalty which is less than the discounted rate offered to the resident for early payment of the FPN.
“This case, and others like it, highlight a significant deficiency in the application of public policy in this area. In this case the resident claimed that their financial status meant they would be unable to afford a stringent penalty. However, our challenge is what steps did the court take to corroborate such a claim?”
Frustration
The letter also includes links to several national news articles on residents frustration with fly-tipped items, which Mr Jones says “reinforces a growing perception that the time has come to build a better bolder enforcement framework if we are to deter and dissuade fly-tippers”.
The letter proposed that the options need to be “sophisticated enough“ to have an “absolute resonance” with potential offenders regardless of social-economic status, and that sanctions have to have a potential credible impact that persuades those who might consider fly tipping to seek proper legal routes for their waste disposal.
22 October, Waste Crime Conference, Virtual Online Event
Waste Crime will be on the agenda at the Virtual Waste Crime Conference, to be held on 22 October. More information can be found HERE. The event is organised by letsrecycle.com parent company, the Environment Media Group.
The post Further calls for stricter fly-tipping penalties appeared first on letsrecycle.com.
Source: letsrecycle.com Waste Managment
