Guidance for local authorities on household waste duty of care fixed penalty notices

Summary:

The document provides guidance on the use of fixed penalty notices (FPNs) for breaches of the household waste duty of care in England. The FPN is an alternative to prosecution and allows individuals to discharge liability for the offence by payment of a financial penalty. The guidance outlines when an FPN can be given, including when individuals have failed to comply with their duty of care, and when they should not or cannot issue FPNs. The document also provides details on how to issue FPNs, including the notice itself, the opportunity for individuals to demonstrate they met their duty of care, and the enforcement process for non-payment of FPNs. Additionally, the guidance emphasizes the importance of proportionate enforcement and the need to consider the benefits of a consistent and collaborative approach to enforcement across local authority borders.