Litter abatement orders
Getting Litter Cleared Up – The Legal Option
A Litter Abatement Order is when a member of the public who has a “bona fide interest” in an area can get the litter that has accumulated there cleared up by the “duty body” responsible, usually the local authority.
How can a litter abatement order be enforced, you ask?
Well, the legislation that allows this is Section 91 of The Environmental Protection Act 1990. It’s a three-step process:
- Step one: first you need to make a formal complaint to the duty body which owns or manages the land. This is usually done in writing
- Step two: if the litter remains uncleared following the complaint, then the case can be taken to a Magistrate’s Court.
- Step three: If the Magistrate accepts that the duty body should have removed the litter but hasn’t, an official court order is made requiring them to clean it up.
A Note of Caution
Whilst a Litter Abatement Order is an option if all else has failed, it’s better to try and settle disputes out of court. It’s a lengthy procedure and, as with any legal proceedings, there are risks, especially regarding costs that you may not be able to recoup. We recommend that you take professional legal advice before taking the matter to court.
How We Can Help
We can’t take up individual cases or act on your behalf, but we can provide further information and guidance on Litter Abatement Orders if you believe you have a case. We can explain your options and help you understand what’s involved so that you can decide what course of action you wish to take. Get in touch with us at: info@cleanupuk.org.uk