Duty of Care Prosecution

Illegal Dumping Leads to Successful Duty of Care Prosecution for Cotswold District Council

A Gloucester resident has been fined after failing to meet their legal responsibility for the proper disposal of household waste, following a prosecution brought by Cotswold District Council after the waste was fly-tipped in the Cotswold district. 

On Monday, 3 February 2025, Cheltenham Magistrates’ Court heard the case against Maximilian Grunfeld, who was found to have breached his duty of care under Section 34(2A) of the Environmental Protection Act 1990. The Court determined that Mr. Grunfeld had not taken sufficient steps to ensure that his household waste was given to an authorised person for disposal. 

During the hearing, the Court stated that they had considered arguments from both parties and concluded that Mr. Grunfeld had multiple opportunities to rectify the situation but failed to do so. As a result, he was issued the following penalties: 

  • Fine: £461.00 (reduced from £692.00 due to an early guilty plea) 
  • Victim surcharge: £184.00 (40% of the fine) 
  • Legal costs: £85.00 
  • Total amount to pay: £730.00 

Under the household waste duty of care, all residents are legally required to ensure that  waste is disposed of responsibly. This includes verifying that any individual or business collecting waste has the proper authorisation, such as a waste carrier licence from the Environment Agency. Failure to comply can result in fines or prosecution. 

Cotswold District Council initially issued a Fixed Penalty Notice (FPN) to Mr. Grunfeld, giving him the opportunity to discharge liability for the offence. However, when the FPN remained unpaid, the Council had a duty to take the case to prosecution. Local authorities must follow up on unpaid FPNs to maintain the credibility of the penalty system and ensure compliance with environmental laws. 

Cllr Juliet Layton, portfolio holder for regulatory services, said, “This case serves as a stark reminder that residents must take responsibility for their waste. Simply handing waste to an unverified collector can lead to serious consequences, including legal action against the resident and harm to our environment and wildlife.  

“We urge all residents to check for proper authorisation before disposing of waste to help prevent fly-tipping and illegal dumping. Always ask to see their Waste Carriers Licence and always get a full receipt or waste transfer notes for the waste removal work.” 

Cotswold District Council is committed to S.C.R.A.P fly-tipping and keep the district clean and safe for everyone.  

Anyone looking to have waste removed should:   

  • S - Suspect ALL waste carriers  
  • C - Check with the Environment Agency that the provider taking your waste away is licensed  
  • R - Refuse unexpected offers to have waste taken away  
  • A - Ask what will happen to your waste  
  • P - Paperwork should be obtained – get a full receipt 

Residents who fail to comply with their duty of care can face fixed penalty notices or, as in this case, prosecution leading to significant fines. 

For more information on responsible waste disposal and fly-tipping, please visit: cotswold.gov.uk/flytipping 

Contact Information

Cotswold District Council Communications Team

communications@cotswold.gov.uk

Notes to editors

Notes to editors: 

Fixed Penalty Notices and Enforcement 

Before prosecuting, local authorities have the option to issue a Fixed Penalty Notice (FPN), which allows individuals to discharge liability for failing to meet their household waste duty of care. However, an investigation should first be carried out to determine whether the individual met their duty of care. This includes giving them an opportunity to provide evidence such as: 

  • Details of the waste carrier, including business and vehicle information. 
  • A record of checks made on the operator’s registration, permit, or exemption number. 
  • A receipt for the transaction containing the business details of a registered operator. 
  • A copy or photograph of the waste carrier’s licence or disposal site’s permit. 

If an individual provides sufficient evidence that they complied with their duty of care, an FPN or prosecution cannot proceed. If an FPN is issued, it must include: 

  • The reason for the penalty and details of the alleged offence. 
  • Confirmation that the FPN offers an alternative to prosecution but does not have to be accepted. 
  • Payment terms, including a 14-day period to discharge liability and any early payment discount (typically within 10 days). 
  • Information on how to dispute the allegations. 

Failure to Pay and Prosecution 

If an FPN is not paid within the required timeframe, prosecution should follow unless the individual provides compelling evidence against enforcement. Authorities must ensure they have sufficient resources to take non-payers to court, as failure to do so undermines the integrity of the penalty system. 

There is no formal right of appeal against an FPN, but individuals may dispute their liability or challenge enforcement on various grounds, such as mistaken identity, new evidence, or vulnerability. If an FPN is withdrawn based on such representations, the recipient must be informed promptly that prosecution will not proceed.