Average court fines for fly-tipping in England are now lower than the fixed penalty notices councils can issue for the same offence, according to analysis by the Local Government Association.

The LGA found that the average court fine stands at £539, which is £87 less than the £626 average fixed penalty notice (FPN). The association is calling on the government and the Sentencing Council to review sentencing guidelines, arguing that the disparity discourages councils from pursuing prosecutions and sends a weak message to offenders.

Councils took 1,377 prosecutions in 2024/25, according to Defra's latest fly-tipping statistics, down 14 per cent on the previous year. The total value of court fines fell eight per cent to £673,000. Prosecution costs amounted to £646,000 over the same period.

The prosecution success rate, at 99.1 per cent, is the highest on record. But the LGA says the sentencing outcomes that follow rarely reflect either the seriousness of the offence or the cost to the public purse.

Case examples

The LGA cited several cases where magistrates imposed fines well below the FPN level. In York, two offenders were each fined £300 for waste offences despite having been issued fixed penalty notices of £600 and £1,000. A fly-tipper in Wiltshire who failed to pay a £1,000 FPN was fined £80 when the case reached court. In Chelmsford, two offenders received £300 fines after prosecution, less than the £400 FPNs originally issued.

Cllr Arooj Shah, chair of the LGA's 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."

She added: "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."

Wider enforcement picture

The sentencing gap sits against a backdrop of rising fly-tipping volumes. England recorded 1.26 million incidents in 2024/25, a nine per cent increase on the previous year and the highest figure since current recording methods were introduced in 2018/19. Clearing up large-scale incidents cost councils £19.3 million.

Councils issued 69,000 fixed penalty notices over the period, up nine per cent. The maximum FPN for fly-tipping is £1,000, following a government increase from £400 in 2023. Yet prosecutions fell 14 per cent and the number of court fines dropped nine per cent to 1,250.

Under magistrates' sentencing guidelines, fines are linked to an offender's means and the level of harm caused. The maximum penalty on summary conviction is an unlimited fine and up to 12 months' imprisonment. The Sentencing Council published updated guidelines for environmental offences intended to increase penalties for serious offenders, but the LGA says average fines remain too low in practice.

The LGA also sees stronger sentencing as part of the government's wider ambitions around "pride in place", arguing that consistent penalties for environmental crime are necessary to protect local environments and public spaces.