Ministers Prepare to Curb “For-Profit” Litter Enforcement in England
The UK goverment is preparing new statutory guidance aimed at regulating private companies contracted to enforce littering laws in England, responding to growing concerns over aggressive fine issuance and a system critics describe as prioritizing revenue over justice. While current codes of practice advise authorities to enforce ”proportionately” and “in the public interest,” these rules are largely non-binding.
The upcoming guidance follows sustained criticism of outsourcing litter enforcement, with concerns that performance-management contracts often incentivize companies through payment per penalty issued. Critics, like campaigner Appleton, argue this creates “institutionalised profit from public shame” and leads to fines for minor or borderline offenses.
Recent cases highlight these concerns. Nayan Kisten reported being falsely accused of spitting in Tonbridge, Kent, by Kingdom Services officers in March 2023. Despite denying the accusation and a lack of supporting evidence, he was issued a £125 fine, which was only cancelled after six months of appeals. Kisten described the experience as ”scary” and “pressurising,” noting the threat of a criminal record for disputing the fine.
currently, individuals who challenge a fine must defend themselves in court, facing potential criminal convictions, fines up to £2,500, and associated costs if unsuccessful. Concerns are amplified by upcoming legislation set to increase the maximum penalty for littering Fixed Penalty Notices (FPNs) from £150 to £500 in July.
Liberal democrat peer Tim Clement-Jones has warned that increasing fines without addressing profit-linked enforcement could worsen existing inequalities. he also criticized the lack of judicial oversight in the current FPN system, stating fines are issued based solely on an official’s decision without requiring evidence in court, leaving innocent individuals feeling “completely helpless.”
Defra has confirmed it intends to publish the statutory guidance on littering enforcement in the new year, signaling a move towards greater regulation of the industry. the aim is to address the issues of incentivized enforcement and ensure a fairer system for those accused of littering offenses.
