LGA response to Defra consultation on litter enforcement guidance

Defra has consulted a targeted list of contacts in local government and stakeholders, including the Local Government Association, on the government’s proposal to change the status of litter enforcement guidance and place it on a statutory footing. The targeted consultation document was issued in March 2024 with a closing date of 25 April 2024.

The Local Government Association responded to the consultation, setting out feedback in the format of a letter.

Thank you for inviting the Local Government Association to respond to the targeted consultation on.

We want to work with government to reduce litter and make sure councils have the tools and resources they need. This should include proactive work to reduce litter in the first place, and communication and education to change behaviour. The forthcoming ban on disposable vapes will be an important and welcome step in tackling unsightly and harmful litter.

An effective response to litter can only be developed at a local level. The next step should be an open, transparent conversation with local government about the challenges of reducing litter. Working in partnership with local government on shared goals could be as effective as statutory guidance, and would allow for local flexibility. Litter is not just a local authority problem, and the LGA would like to see the organisations that produce and sell packaged items take responsibility for litter. This is why we are calling for the new extended producer responsibility scheme to cover the full cost to councils of dealing with packaging litter dropped in the street. If the introduction of a deposit return for drinks containers is delayed, as has been reported, this would leave councils with the litter problem. We welcome an update and reassurance on the timetable for implementation for the deposit return scheme.

Defra should consider the unintended consequence of introducing statutory guidance. For example, the guidance changes the definition of litter and this needs to be properly thought through. Councils may have to revise and update policies on litter and fly-tipping which would require staff time and consultation with residents. If implemented, this should be treated as an additional statutory requirement on councils and funded as a new burden.

As this consultation was not made public, there is a risk that council officers with operational and legal expertise are not aware of the proposed changes and have not had an opportunity to comment. We would be happy to work with Defra to explore alternatives to statutory guidance. If Defra go ahead with the proposal, there should be a thorough assessment of the cost and legal implications.

The LGA would be happy to discuss the next steps with Defra and the issues raised briefly in this response.