Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment she has made of whether local authorities have sufficient resources to enforce powers relating to a) littering and b) graffiti.

The Government has not assessed the consistency of enforcement action by local authorities (LAs) or whether LAs have sufficient resources for enforcement in relation to littering or graffiti offences.

LAs have legal powers to take enforcement action against offenders. Anyone caught littering or doing graffiti may be prosecuted in a magistrates’ court, which can lead to a criminal record and fines of up to £2,500 on conviction. Instead of prosecuting, LAs can issue a fixed penalty (on-the-spot fine) of up to £500.

To support LAs to consistently, proportionately and effectively use litter enforcement powers, including fixed penalty notices, the Government has recently published new Statutory Guidance, Litter enforcement powers: when and how to use them. LAs will need to have regard to this guidance when using their powers.

Advisory guidance on managing graffiti and flyposting for LAs and businesses is available here. The guidance outlines the options available for tackling these issues with examples of good practice.