Minutes:
The following questions on notice were received from Councillor P Barnes. Responses were provided by either the Portfolio Holder for Public Protection or the Portfolio Holder for Environmental Services, as indicated below.
Councillor Barnes was entitled to ask one Supplementary Question to each Question on Notice, without notice (this should be a question and not a statement). Where a Supplementary Question was asked, the question and the response is detailed under the relevant question.
Subject: Fly Tipping in South Holland
Could you please provide the following information - for the period 1 April 2024 to 31 August 2024
1. How many fly tipping incidents have been reported in South Holland in this period?
Response the Portfolio Holder for Environmental Services:
768
· Supplementary Question: Could the Portfolio Holder provide a breakdown of what areas the 768 incidents occurred?
· Response: The Portfolio Holder for Environmental Services could not provide the information immediately but would provide it in due course.
2. How many fly tipping incidents have been cleared by Waste Services?
Response the Portfolio Holder for Environmental Services:
768
· No Supplementary Question was asked.
3. What was the average time taken by Waste Services to clear the rubbish?
Response the Portfolio Holder for Environmental Services:
2.4 days
· Supplementary Question: What training had been given to operatives to search through fly-tipped items?
· Response: The Portfolio Holder for Environment Services advised that the response indicated the time it took to clear the rubbish. The searching of fly-tipping to gather evidence fell within the remit of the Portfolio Holder for Public Protection
· The Chairman clarified that this question could not be answered as it did not relate to the original question asked.
4. How many fly tipping incidents have been attended by Officers/ Kingdom to seek evidence?
Response the Portfolio Holder for Public Protection:
Kingdom have been tasked to attend 59 reported fly tips during this period. A triage process is used to ensure that investigation resources are directed to fly-tips where it is known or suspected that evidence is available. Therefore, not all fly-tips will require attendance by enforcement officers, for example tyres or sofas. Whilst not attended by enforcement officers, these may still be investigated. Collection crews are also familiar with evidence handling procedures. Should evidence be identified on collection, this is passed through to the enforcement team for investigation.
· Supplementary Question: Did the Portfolio Holder consider that the percentage of investigations (only 59 investigations out of the 768 reported) was low?
· Response: The Portfolio Holder for Public Protection did not accept that it was low. Those that were not inspected included fly tips involving specific items e.g. tyres, asbestos etc, and relevant firms would be engaged to clear these items. Those that could be inspected were directed to the enforcement team and inspections undertaken.
5. What locations did they visit and how soon after the fly tipping report was submitted?
Response the Portfolio Holder for Public Protection:
Areas where reported fly-tips were attended during this period:
Spalding – 51 incidents
Crowland / Deepings – 4 incidents
Holbeach – 1 incident
Suttons – 2 incidents
Surfleet – 1 incident
Timing for attendance:
Within 2 days – 43
Within 7 days – 7
Over 7 days – 9
Response times may be affected due to investigation and enquiries, incorrect information reported etc.
· No Supplementary Question was asked.
6. How many perpetrators have been identified for fly tipping?
Response the Portfolio Holder for Public Protection:
During this period, 6 Fixed Penalty Notices (FPNs) for fly tipping and 7 FPNs for waste duty of care offences (resulting from fly tipping) were issued. FPNs can only be issued where there is direct evidence to identify the offender and prove the offence beyond all reasonable doubt. In these circumstances an FPN will normally be issued and failure to pay the FPN could lead to prosecution.
· No Supplementary Question was asked.
7. What was the average time taken to issue a notice to a perpetrator?
Response the Portfolio Holder for Public Protection:
FPNs are ordinarily issued immediately having successfully identified the offender, investigated and being satisfied there is sufficient evidence to prove the offence.
· Supplementary Question: No average time had been given in the response to the original question – what was the average time taken to issue a Fixed Penalty Notice to a perpetrator?
· Response: The Portfolio Holder for Public Protection advised that as soon as the incident was investigated and sufficient evidence gathered, a fine was issued immediately.
· The Chairman suggested that the response be followed up with a written answer providing an average time.
8. How many people have been prosecuted successfully?
Response the Portfolio Holder for Public Protection:
There have been no court prosecutions for fly tipping during this period. Prosecution is under consideration for those FPNs issued during this period, where payment has not been made following reminder letters. In some cases, there will be a delay where representations have been received from the alleged offender. Where a decision is taken to prosecute, a case file is produced and submitted to the courts for listing, through our Legal Services.
· No Supplementary Question was asked.
9. How many have paid the fines issued
Response the Portfolio Holder for Public Protection:
Of the 13 FPN’s issued between 1st April to 31st August 2024, 5 have been paid at the time of writing.
· No Supplementary Question was asked.
10.How much income has this generated for SHDC?
Response the Portfolio Holder for Public Protection:
SHDC’s income for these FPNs during this period is £520
· Supplementary Question: £520 income had been generated for the period – could this be spent by the Council on anything or spent by Kingdom?
· Response: The income had to be spent by Kingdom for items they required e.g. cameras/phones etc.
11.I believe SHDC (possibly via Kingdom) has access to several covert cameras, please advise where have they been used since 1 April 2024. If they are not being used please provide the reasons for not doing so.
Response the Portfolio Holder for Public Protection:
SHDC has cameras available for fly-tipping surveillance and also has access to cameras via the contract with Kingdom LA Support.
Under the Regulation of Investigative Powers Act (RIPA) local authorities must justify the use of cameras for covert surveillance and obtain Judicial/Magistrates approval. Surveillance must be proportionate to what is sought to be achieved as detailed in the statutory Codes of Practice, and consideration should be given to if the information could be obtained by less intrusive means. This is detailed in the RIPA policy which was adopted by SHDC and took effect in March 2024.
Due to this high regulatory threshold, overt cameras are more typically used with visible signage informing people they are being filmed.
In relation to fly-tipping, since 1st April 2024 covert cameras have not been used in the District. During this period overt cameras have been used twice at 1 location in Gedney Hill. In the 6 months prior to April, overt cameras have been used at 2 locations in Spalding.
Cameras are deployed on an intelligence led basis where an area has recurrent issues with fly-tipping in a specific location.
The original Questions on Notice and Portfolio Holder responses to each were provided to members in printed form at the meeting and are detailed above.