Case Explained: The little known law that could leave people exposed to prosecution in part of Merseyside – Legal Perspective

There have been numerous reports of illegal waste dumping in south Sefton over the last year, including incidents involving people paying individuals or firms to dispose of their heavy duty waste items.

Fly-tipping or the illegal disposal of household, industrial, commercial or other waste is a serious criminal offence and costs local authorities tens of millions of pounds. The LDRS has produced dozens of reports on the illegal dumping of fridges, couches, sofas, mattresses, building materials, all left on people’s streets and neighbourhoods or or cast into unadopted entry ways.

Sefton Council said it is planning to step up its fight against fly-tipping, dog fouling and other environmental offences, by increasing the maximum for fixed penalty notice (FPN) fines. The local authority is proposing to raise the maximum penalty for fly-tipping from £400 to £1,000 and doubling the maximum penalty for littering from £75 to £150. Maximum penalties for household waste duty of care breaches would rise from £200 to £500.

In addition, the council have just launched a new project which will introduce a pilot scheme of CCTV cameras, aiming to deter potential fly-tippers and gather the necessary evidence to prosecute those who continue to blight its communities.

The latest fly-tipping incident on Bedford Road was reported to Sefton Council last week, after an update was published on a local Facebook page called Bootle Action Group. The post generated dozens of comments from angry and frustrated residents who have become increasingly outraged at the number of fly tipping incidents across South Sefton.

One person commented: “Thing is people could have paid someone to take rubbish away, without checking they have a disposal licence, then it gets dumped there, but it is the person whose details are found pays the fine – if it gets to that.”

Another member added: “The law is now clear on this. If you’re paying someone to take rubbish away you need to see their licence. Unfortunately we don’t know how this ended up here. We came across fly tipping in Bibby’s Lane last year with Kensington addresses on them. It has to stop.”

The LDRS understands the ‘law’ referred to in these comments, relates to the Waste Duty of Care Code of Practice (2018) which outlines the responsibilities for people wanting to dispose of rubbish, including paying someone else to take it away.

In guidance issued on Sefton Council’s website, the local authority states: “Your Rubbish, Your Responsibility: While the offer of clearing rubbish for a small fee may be tempting, many residents are unaware that they could be responsible if that waste is eventually dumped illegally.

“Should the rubbish be traced back to an unsuspecting resident, they could be fined.”

Cabinet member for cleansing and street scene, Cllr Peter Harvey has made his position very clear in the last few months and has vowed to prosecute those who continue to blight areas such as Bootle with dumped rubbish.

Responding to the Bedford Road incident, Cllr Harvey said: “This fly-tipping is completely unacceptable and is, sadly, another example of a small minority in Sefton showing complete disregard for their neighbours and communities.

“Our street cleansing teams will clear and thoroughly clean the affected street.

“However, before they do so, our enforcement officers will examine the materials that have been dumped and will follow up on any evidence, such as names and addresses, that they find.

“We are committed to taking strong action against the culprits. Anyone found responsible for this type of action in Sefton now faces an increased Fixed Penalty Notice (FPN) of up to £1,000, and prosecution if they fail to pay.

“There are plenty of legal and safe ways to dispose of waste. Residents can visit their local tip and recycling centres, arrange a bulky waste collection, or take advantage of two charities that offer free collection of unwanted furniture.”