Conditional caution powers to local authorities for fly-tipping offences

Dealing with fly-tipping diverts hundreds of millions of pounds each year away from other essential public services by placing a substantial and operational burden on our local authorities. Furthermore, fly-tipping harms human health and the health of our wildlife, and contributes to a sense of neglect that can make communities feel unsafe and undesirable to live in. Poor quality local environments can deter investment and over time may depress property values, undermining local economic growth and community pride.  

People take pride in the places where they live – the parks where children play, the green spaces people cherish, and the landscapes that define our towns, cities and countryside. But fly-tippers scar our streets and organised crime groups exploit the waste sector for profit. These offences damage the environment, threaten public safety and undercut honest businesses.   

With 20% of all waste estimated to be illegally managed, waste crime is costing our economy £1 billion each year. In 2024-25, we lost at least £240 million in revenue due to Landfill Tax evasion.   

Under the Environmental Protection Act (EPA) 1990 local authorities already have powers to take enforcement action against fly-tipping offenders. Anyone caught fly-tipping may be prosecuted which can lead to a significant fine, a community sentence or even imprisonment.  

In England, the total number of court fines for all fly-tipping related incidents decreased by 9% from 1,378 in 2023/24 to 1,250 in 2024/25, with the combined value of these fines decreasing from £730,000 to £673,000. However, the average fine has increased from £530 in 2023/24 to £539 in 2024/254. In Wales, 27,749 enforcement actions were taken in 2024/25, 9% more than the previous year, of which, 22,924 (83%) were investigations. In 2024/25 the number of prosecution outcomes was 70, a decrease from 102 in 2023/24; whilst the proportion resulting in a fine increased from 69% (approximately 70 fines) to 80% (56 fines). 

Instead of prosecuting, in England local authorities can choose to issue a fixed penalty notice (on-the-spot fine) of up to £1,000 to fly-tippers (raising to £5000 from 1 September 2026) and £600 to householders who pass their waste to an unlicensed waste carrier. In Wales, the upper limits for fixed penalty notices for the same offences are currently £400 and £300 respectively. However, both upper limits are currently subject to consultation and may increase (to £5,000 and £400 respectively). 

In England, the number of fixed penalty notices (FPNs) issued for fly-tipping was 19,196 in 2024/25, a decrease of 6% from 20,287 in 2023/24. Total number of FPNs issued for all offences related to fly tipping is the second most common action after investigations and accounted for 12% of all actions in 2024/25. In Wales, the number of FPNs issued for fly-tipping did increase by 40% (from 1,086 in 2023/24 to 1,519 in 2024/25) and accounted for 5%of all enforcement actions in 2024/25 . 

However, 41 local authorities in England and three in Wales reported in 2024/25 that they did not issue any fixed penalty notices specifically for fly-tipping. 

It is clear that more needs to be done to tackle the waste crime that is all too visible on our streets. In England, the UK Government have recently bolstered its approach with best practice guidance and case studies on vehicle seizures, which will help local authorities to make the most of their existing power to seize vehicles they suspect are linked to waste crime. Using this power can ultimately lead local authorities to keeping, selling or disposing of the vehicle. In Wales, the Welsh Government continues to fund the Natural Resources Wales managed Fly-Tipping Action Wales programme, which helps to support local authorities with their enforcement action. This includes the provision of expert advice, sharing of best practice and supplying trail cameras to target fly-tipping hotspots.

In England, the UK Government have also obtained powers in the Crime and Policing Act 2026 to provide statutory fly-tipping enforcement guidance to support local authorities to consistently, appropriately and effectively exercise these existing powers. In England and Wales further powers have been obtained to allow the courts to award between three and nine penalty points on driving licences for those found guilty of fly-tipping. This will make it harder for offenders to continue dumping illegally if they are disqualified from driving and send a clear warning that fly-tipping is not tolerated.  

On 20 March 2026 the UK government published its Waste Crime Action Plan for England, which is its toughest ever crackdown on waste criminals. It sets out our zero-tolerance approach to prevent waste crime, pursue the criminals responsible and accelerate the clean-up effort. 

However, in the manifesto, the UK government very clearly set out its intent to force fly-tippers and vandals to clean up the mess they have created. This consultation sets out the UK government proposals to fulfil this manifesto commitment and the Welsh Government’s aim of holding polluters accountable for their actions. We are proposing to extend conditional caution powers to local authorities. Conditional cautions are one of a range of pre-court community-based sanctions. This power will give local authorities another tool to fight the blight of fly-tipping.  

Audience  

This consultation is open to all, but we are especially keen to hear views from authorities which:  

a) Are subject to one or both of the duties in section 89(1) and (2) of the Environmental Protection Act 1990, to keep relevant land clear of litter and refuse, and to keep the highways clean; and/ or  

b) Have the power to take enforcement action in respect of littering and fly-tipping, including issuing fixed penalty notices for littering and civil penalties for littering from vehicles (in England), and the unauthorised distribution of free printed literature on designated land.  

We are also inviting responses from certain other organisations including those involved in environmental enforcement, members of the research community and waste industry, non-governmental organisations and bodies representing the interests of local government.  

These policy proposals relate to England and Wales only.  

Responding to the consultation  

Please respond to this consultation in one of the following ways:  

Online using the Citizen Space consultation hub at Defra https://consult.defra.gov.uk/  

For ease of analysis, responses via the Citizen Space platform would be preferred, but alternative options are provided below if required:  

By email to: cleanupsquads@defra.gov.uk  

In writing to: 

Clean up squads consultation 

Defra Seacole Building 

Ground Floor  

2 Marsham Street  

London SW1P 4DF  

Please note, any responses sent by post must have arrived at the above address by the closing date of the consultation 16 October 2026 to be counted. Any responses received after this date will not be analysed. To ensure your response is included in the analysis, please consider responding online via Citizen Space. 

Consultation period  

This consultation will run from 20 August and close on 16 October 2026.

After the consultation  

We will provide an update to all respondents on the findings of this consultation and any potential next steps, via the gov.uk website.