Litter and flytipping offences - enforcement review: final report

Conclusion

This report reviewed evidence, and considered the views of key stakeholders, to assess the effectiveness of litter and flytipping enforcement and understand the key barriers to successful enforcement. The emerging theme from the review was that the current enforcement model and underpinning legal system for litter and flytipping offences is not working as effectively as it could or should.

This report puts forward a series of recommendations, based on stakeholder input that should be taken forward to ensure the future enforcement model is more effective. A full review of the legal model and the changes that can feasibly be made is likely required. This should consider how a future model can ensure that the punishment matches the crime and that any action taken is followed through to ensure the system is robust and that actions have consequences.

The future enforcement model needs greater consistency in approach, with clear roles and responsibilities for the organisations involved, with education and behaviour change being built in from the start. Any changes must empower those that have enforcement powers to ensure that strong action, backed by the law, can be taken.

A review of the 2014 National Litter Strategy^[191] highlighted a number of challenges with litter and flytipping enforcement including the ability to gather appropriate evidence, identification of offenders, the recovery of FPNs and a lack of consistency and coordinated approach across Scotland. The research and evidence gathered as part of this project along with stakeholder engagement and the 2021/22 public consultation on a new National Litter and Flytipping Strategy show that in the time since the first National Litter Strategy was published there has been little change in the perceived challenges to litter and flytipping enforcement.

There are still a number of key barriers to the use of existing enforcement powers, with enforcement failing to be used to its full extent and therefore act as a deterrent to littering and flytipping. A more consistent enforcement model that is fit for purpose and acts as an effective deterrent to litter and flytipping behaviour is clearly needed.