People who live in England have been issued a warning about their household waste bins. In a message to councils and residents on the official GOV.UK website, the UK Government have said that want to “encourage a measured and balanced approach, where householders are not penalised for minor breaches of waste bin rules.”
Officials state that if councils are going to hand out penalties, they should primarily target people who cause actual harm to the local environment. It’s considered best practice to first inform households about any problems related to how their waste bins are presented and if nothing is done, further action can be taken.
Talking about “how and when local authorities can and cannot use fixed penalty notices (FPNs) for householders not complying with waste receptacle requirements”, they state that the first way to inform the person about this can be through a letter or an information notice.
This means that if householders do not follow a council’s waste collection rules, and their failure to comply causes or is likely to cause a nuisance – or has a negative effect or is likely to have a detrimental effect on local amenities – your local council you could issue a FPN.
The UK Government say “you [local council] can issue fixed penalties if householders put waste out so it:
- causes an obstruction to neighbours, such as forcing people using wheelchairs or buggies to walk on the road
- restricts access to the pavement or street, for example leaving waste receptacles (bins or bags) out for several days
- is likely to attract vermin like foxes and rats, such as leaving bags or open receptacles out days before a waste collection
- is unsightly (torn bags or overturned receptacles are left out)
It adds: “London councils can issue penalty charges instead of fixed penalties – the same rules apply.”
However, if there are issues that are considered small such as putting something in the wrong receptacle by mistake, forgetting to close lids or you leaving bins out for a few hours before a collection, local councils “cannot issue them for minor problems” such as the ones listed.
How a fixed penalty is issued
They explain that if you do get a fixed penalty, local authorities will have followed these steps:
1. Written warning
Write to the householder and explain:
- how they have broken your waste collection rules
- how this has (or is likely to) cause a nuisance or have a negative effect on local amenities
- what they must do and how long they’ve got to fix the problem
- what will happen if they don’t comply ·
If the householder does not comply, you can issue a notice of intent.
2. Notice of intent
Your notice of intent must name the householder and tell them:
- they may get a fixed penalty and why
- how much they’ll have to pay
- they have the right to explain why they shouldn’t have to pay the penalty within 28 days of the date on the notice
3. Final notice
You can issue a final notice 28 days after the notice of intent. You must consider any responses from the householder before you do this.
The notice must name the householder and tell them:
How do I challenge a fixed penalty notice?
In further guidance, GOV.UK explain: “If you do not agree that you committed the offence listed on the notice, you might be able to challenge the fixed penalty notice. Check with the authority that gave you the notice for information on whether you can challenge fixed penalties – their details will be on the notice.
“If you’re able to challenge the fixed penalty, you’ll need to provide evidence to the authority that sent you the fixed penalty notice to show why you should not receive the penalty.”
You can read more about household waste bins, fines and more through the official GOV.UK website.
