National litter and flytipping strategy: baseline report

Key findings – enforcement actions

Local authorities, Police Scotland and Loch Lomond and the Trossachs National Park Authority can issue FPNs for flytipping offences, whilst SEPA can issue FMPs and VMPs. SEPA cannot issue FPNs. As outlined earlier, FOI releases from Police Scotland state that “Police Scotland are not involved in issuing fixed penalty notices in regards to littering or flytipping”^[16].

Local authority enforcement undertakings

Currently the use of penalties for litter and flytipping offences is fairly low compared to the number of recorded and perceived instances. Under a release of data under the Freedom of Information Act, Scottish Councils were notified of 284,762 incidents of flytipping from 2019 to 2023, yet only 3,317 (1.16%) FPNs were issued, and 51 cases passed to the Crown Office for further prosecution^[17]. The disparity between the number of flytipping incidents reported and the number of enforcement actions could be due to a number of reasons including identifying the offender, collecting robust and appropriate evidence, resources and consistency of approach.

In 2022/23 there were approximately 850 FPNs issued by local authorities for flytipping offences in Scotland^[18]. This project sought data on enforcement actions from local authorities. Figure 8 shows the total number of FPNs issued by local authorities for flytipping offences in 2022/23. Primary data collected as part of this project has been used for those authorities who provided data, whilst the FOI data has been used for those who did not provide data. There was only a difference of one between the two data sets. However, it should be noted some authorities were lower whilst others were higher, so this averaged out at only a difference of one in total across all local authorities. As with the Liberal Democrat incident data, some local authorities provided calendar year rather than financial year data. In addition, some highlighted that they do not issue FPNs for flytipping, rather enforcement action is undertaken for other offences. As such while Figure 8 gives a good indication of the total number of FPNs issued for flytipping offences in 2022/23 it is unlikely to be completely accurate.

SEPA enforcement undertakings

SEPA, unlike local authorities is required to publish information about enforcement actions taken. As seen in Table 2 there were 8 offences/breaches related to flytipping and associated duty of care in 2022/23^[19]. All resulted in an FMP.

(Table 2) Enforcement undertaking by SEPA in 2022/23 for offences/breaches related to flytipping and associated duty of care (SEPA, 2024)

Detail of offence/breach: Transporting controlled waste in the course of business, or otherwise with a view to profit, without being registered as a carrier of controlled waste.

Number of offences in 2022/23: 1

Detail of offence/breach: Disposing of controlled waste by burning

Number of offences in 2022/23: 7

Other enforcement undertakings

In regards to Loch Lomond and the Trossachs National Park Authority, Anthesis contacted the National Park Authority to gather primary data as part of the project. In 2022/23 they reported 3 individuals for alleged contraventions of Camping Management Bylaws along with a charge under section 33 of the Environmental Protection Act 1990. A FPN was not offered as there were associated charges under the Camping Management Bylaws. The National Park Authority highlighted that the National Park Authority predominantly use Section 33 laws for abandoned campsites and that each year. They indicated that reports vary, with the financial year 2022/23 being low compared to others (e.g., in 2023/24, 5 FPNs were issued of which 3 were paid, 2 were not paid and reported to Procurator Fiscal).

Enforcement undertakings by the Scottish Courts

The Scottish Government publishes key data on the number of people prosecuted and convicted in the Scottish Courts for flytipping offences, and the main disposal route. Data for 2021/22 was published in October 2023, data for 2022/23 was not available and is unlikely to be published before October 2024.

In 2021/22, five people were prosecuted for flytipping offices, with five being convicted. Data on the number of prosecutions and convictions is available from 2011/12 onwards and shows a general downward trend in both the number of prosecutions and convictions (Figure 9).

For the 2021/22 period, the 5 convictions resulted in four monetary penalties and one community sentence.

In addition, in 2021/22, 21 people were given a direct measure (non-court disposal route). These disposal options are available to the police to manage lower-level offences without the need to go to court. As seen in Figure 10 of the 21 non-court disposal routes used in 2021/22, 15 were a Fiscal Fine, and six were a Fiscal Warning.

The Baseline Data File provides more granular detail on the number of people prosecuted and convicted in Scottish Courts for flytipping offences by local authority court location and by the local authority where the offender lives.