Council fined five-year-old £1,000 for fly-tipping

A young girl holding a pile of boxes stands by the open front door, her face hidden by the boxes. A Christmas tree is in the foreground of the image, out of focus. Image source, Getty Images
Image caption,

Packaging with the girl's name on it was found on a street away from her home address

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Harrow Council has backed down after its environmental enforcement team claimed it had caught a five-year-old girl fly-tipping and attempted to fine her £1,000.

The north-west London council sent a fixed penalty notice (FPN) addressed to the girl on 20 November, which claimed that she was "witnessed by a uniformed officer… committing the offence of fly-tipping".

However, it later transpired that parcel packaging with her name on it was found on a street away from her home address.

The girl's father described issuing fines to children as "absurd" and blamed the packaging ending up on the street on the "over-filled communal bins" at his block of flats.

Image source, Local Democracy Reporting Service
Image caption,

The letter claimed the girl was seen fly-tipping

The five-year-old received a "final reminder" letter addressed to her from the enforcement team on 5 December, advising her that they were "about to instruct the council's legal team to start court proceedings" against her.

The letter warned that a conviction "carries a maximum penalty of £2,500".

The issue was raised at a council cabinet meeting and the fine was cancelled.

After failing to resolve the issue with the council by email and phone, the father - who wishes to remain anonymous to protect his daughter's identity - went to a ward surgery held by his local councillor Stephen Hickman.

Hickman said while it is right that the council enforces fly-tipping laws, "residents expect a fair process where the information is correct and an appeals process that is transparent".

He added: "Charging a child is ridiculous and the process has been very stressful for their father. I am hopeful that the council will look again at his case and review its protocols."

A spokesperson for APCOA, the contractor used by the council to issue FPNs, said: "APCOA has already contacted the family concerned to apologise and confirm that the FPN has been cancelled.

"We have also taken steps to avoid a similar situation recurring as this case has not met our usual high standards of service."

When the issue was raised at a recent council cabinet meeting, portfolio holder for cleaner streets and public safety councillor Pritesh Patel said "of course it is not the official council policy to fine children" and promised to look into the case.

Harrow Council leader councillor Paul Osborn said: "I'd like to find a child who could afford to pay a £1,000 fine at five-years-old.

"Obviously that is totally unacceptable and we will look into any of those accusations."

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