NALC backs stronger enforcement powers to tackle fly-tipping

We have backed proposals to give local authorities new powers to issue conditional cautions to fly-tipping offenders, helping tackle environmental crime and ensure those responsible take action to repair the damage caused.

Responding to the government's consultation on conditional caution powers to local authorities for fly-tipping offences, we supported conditional cautions as an additional enforcement tool, allowing local authorities to secure the prompt clean-up of illegally dumped waste while encouraging offenders to take responsibility for their actions.

We stressed that the new powers must complement, rather than replace, existing sanctions. Prosecution should remain an option for serious, repeat, organised and large-scale fly-tipping offences, ensuring enforcement is proportionate to the severity of the crime.

We also called for clear national guidance and meaningful consequences for offenders who fail to comply fully with the conditions imposed. This would help ensure the powers are applied consistently, fairly and effectively across England.

We highlighted the need to protect parish and town councils from being expected to supervise offenders carrying out clean-up activities unless appropriate funding, training, insurance, risk management support and legal protections are in place.

We also emphasised that conditional cautions must form part of a wider strategy to deter fly-tipping, supported by stronger enforcement capacity, higher detection rates, visible enforcement activity and action against organised waste crime.

Finally, we called for principal authorities to work closely with parish and town councils when developing local approaches to tackling fly-tipping. Partnership working is vital to coordinating prevention, reporting and enforcement, and recognising the contribution local councils can make to protecting their communities and the environment.