The government has announced a significant crackdown on controversial 'for-profit' litter enforcement schemes across England, where private companies have been receiving up to 100% of the fines they issue.
Ending Profit-Driven Enforcement
Under new statutory guidance from the Ministry of Housing, Communities and Local Government, local authorities will be required to terminate contracts that allow private enforcement firms to collect between 50% to 100% of each fixed penalty notice they serve. This move aims to address long-standing concerns about incentive-driven enforcement practices.
Currently, fixed penalty notices for littering and breaches of public spaces protection orders range from £100 to £200, with serious offences potentially leading to court prosecutions and fines exceeding £1,000. Public spaces protection orders are used by councils to combat specific anti-social behaviours including dog fouling, street drinking, spitting and vehicle-related nuisances in designated areas.
Victims of Overzealous Enforcement
The crackdown follows numerous complaints from members of the public who have faced what critics describe as unjust penalties. Nayan Kisten from Tonbridge, Kent, shared his experience of being falsely accused of spitting by two private enforcement officers from Kingdom Services last March.
"They approached me and demanded my ID without properly explaining the issue or providing any evidence," Kisten recounted. "Despite my denial and the complete lack of objective proof, they issued me with a £125 fine."
Kisten described the officers as "dismissive of any discussion" and primarily focused on "processing the fine as quickly as possible." He refused to pay the penalty and endured six months of persistent emails and bureaucratic stonewalling before the council finally confirmed the fine had been cancelled.
"I can easily understand why many people pay these fines out of fear, even when they're completely innocent," Kisten added. "It's a frightening, pressurising experience with the genuine threat of a criminal record if you maintain your innocence."
Systemic Problems and Upcoming Changes
Josie Appleton, director of civil liberties organisation the Manifesto Club, welcomed the government's intervention, describing it as "a big step" forward. She revealed that private companies account for at least 75% of PSPO penalties, highlighting the scale of profit-driven enforcement.
"When private companies are paid per fine, it inevitably leads to absurd penalties and outrageous injustices," Appleton stated. "But at last it seems that Defra and the Home Office are paying attention and are ready to do something about it."
The timing of this crackdown coincides with planned increases to litter fines. From July, the upper limit for fixed penalty notices will rise from £150 to £500 under new legislation. Liberal Democrat peer Tim Clement-Jones has warned that raising fines so dramatically without curbing profit-linked enforcement risks worsening existing inequities.
He criticised the current system for lacking proper judicial scrutiny, noting that penalties are "issued solely based on the decision of an official and do not involve the production of evidence in court." This absence of formal appeal rights means individuals who contest fines must defend themselves in court, facing potential criminal convictions, fines up to £2,500 and legal costs if unsuccessful.
Defra has confirmed it intends to publish the statutory guidance on littering enforcement in the new year, marking what campaigners hope will be the beginning of the end for what Appleton terms "institutionalised profit from public shame."
