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

To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 4 March 2025 to Question 32568 on Litter: Fines, if he will take steps to issue guidance to local authorities on establishing a mechanism to (a) appeal and (b) review fixed penalty notices.

There is no formal right of appeal against a fixed penalty notice. If an alleged offender does not accept their liability for the offence, there is no requirement on them to pay the fixed penalty. They may have to defend their case in court. We consider it good practice for councils to operate an informal dispute process to minimise the number of cases that reach court.

Advisory enforcement guidance attached to the Code of Practice on Litter and Refuse provides enforcing authorities with advice on how to operate a process for informally disputing liability. The Government is currently considering the benefits of placing this guidance on a statutory footing.