SCREENING
Revised Levels for Fixed Penalty Notices (FPNs) and Community Protection Notices (CPNs)
Last updated 19 August 2026
The assessment
New or existing service or policy?
Exisiting
Directorate/service area
Operational services (enforcement)
Officer(s) responsible for:
- Service/policy/project: Kathryn Underhill, Community and Strategic Projects Manager
- Completing equality impact assessment: Kathryn Underhill, Community and Strategic Projects Manager
Date
18 August 2026
What is the purpose? What are the outcomes?
To revise the current Fixed Penalty Notices (FPNs) for offences related to environmental enforcement, namely, littering and fly tipping, to new levels; and to introduce a sliding scale of Fixed Penalty charges for fly tipping, based on criteria of size and type of waste deposited or whether there is a repeated offence. To increase the maximum Fixed Penalty Notice fine for breaching a Community Protection Notice (CPN) from £100 to £500. The higher fines may act as a deterrent in for example, reducing littering and fly tipping in the district, which would help to improve the cleanliness of the area.
Are there any statutory requirements? Who are the main customer groups/stakeholders?
Section 17 of the Crime and Disorder Act; Crime and Policing Act 2026; The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026. The revised FPN levels will apply universally to all.
Who is intended to benefit from this service/policy? How will they benefit?
The benefits would apply to all residents and businesses in the area and also visitors to the district.
What information are you using? What does the evidence show you?
Feedback from residents indicates that they want local authorities to take action against these types of environmental offences. Such offences undermine community pride and have a negative impact on the cleanliness and appearance of local areas.
What impact does the service/policy/project have on the following equality strands?
Protected characteristics: definitions
Before the Equality Act 2010, there were 3 separate public sector equality duties covering race, disability, and gender. The Equality Act 2010 replaced these with a new single equality duty covering the following protected characteristics.
| Characteristic and definition | Impact and evidence |
|---|---|
|
1. Age |
Neutral: We would not be aware of a person's age. We only issue FPNs to those over age 16. |
|
2. Disability |
Neutral: Enforcement officers will give consideration as to whether an individual’s physical or mental impairment affected their capability to comply with waste disposal rules or participate fairly in an interview. Officers are able to apply professional discretion to enforcement cases. |
|
3. Gender Reassignment |
Neutral: We would not be aware of a person's gender reassignment. |
|
4. Marriage and Civil Partnership |
Neutral: We would not be aware of person's marital status |
|
5. Pregnancy and Maternity |
Neutral: We would not be aware of a person's pregnancy or maternity status. |
|
6. Race |
Neutral: Potential for people with limited or no English not understanding regulations around littering and flytipping and therefore receiving a fixed penalty notice however actions will be put in place to mitigate for this. |
|
7. Religion of belief |
Neutral: We would not be aware of a person's religion or belief |
|
8. Sex |
Neutral: The proposals apply to all sexes |
|
9. Sexual Orientation |
Neutral: We would not be aware of a person's sexual orientation. |
|
Other e.g. deprivation, health inequalities, urban/rural divide, community safety |
Neutral: The increases in FPNs apply universally to all, however people who are financially deprived may struggle to make payment. However an early repayment discount is offered regarding fly tipping and there is a sliding scale of charges. There is no adverse impact on other characteristics. The proposed changes should act as a deterrent and help make the district a cleaner and safer place to live, helping to improve community wellbeing. |
Review
Can any differential impact be justified? (for example, promoting equality of opportunity)
The changes proposed apply to all.
Does any adverse impact amount to unlawful discrimination?
Neutral as the changes proposed apply to all
What alternative actions could be taken to mitigate any adverse impact? (Add these to the action plan)
Use of visuals/graphics on any signage/educational literature. Enforcement Officers to take language barriers into consideration when considering whether someone has deliberately littered and/or fly tipped. Systems are in place to ensure that decisions to undertake enforcement are proportional to the impact caused and within the public interest. Where it is not in the public interest to undertake enforcement action, alternative interventions are used to support customers, such as referrals to agencies who can provide support such as Adult Social Care.
Consultation
Detail any specific consultation on this service/policy (if there is insufficient data, further consultation will need to be undertaken and included in the action plan)
CLT, Cabinet and relevant officers have been consulted on the proposed changes.
Conclusion
Can the service/policy proceed?
Yes
How will the service/policy be monitored and reviewed? (please give a timescale)
The service and accompanying policy will be reviewed on an annual basis at a minimum. Customer feedback will be used to monitor that there is no discrimination and that all customers are treated fairly.
Is a full assessment required?
No
Signed: Kathryn Underhill, Community and Strategic Projects Manager
Date: 18 August 2026
Impact
It is not anticipated that there will be significant adverse impacts on any of the protected characteristics.
Action required
The service and accompanying policy will be reviewed on an annual basis at a minimum. Customer feedback will be used to monitor that there is no discrimination and that all customers are treated fairly.
Lead officer
Kathryn Underhill, Community and Strategic Projects Manager
Timescale
12 months
Comments
To be monitored and kept under review.
Action plan to be reviewed
1 September 2027