A FAMILY have been left outraged after a girl, aged 5, was slapped with a £1,000 fine and threatened with court appearances for “fly-tipping”.
Harrow Council’s Environmental Enforcement Team told the schoolgirl’s father they caught her committing the act in North London.
Overflowing public bins (stock)Alamy
But the girl’s dad strongly refuted the allegation that this was a deliberate act and blasted it as “absurd”.
The council first sent a letter on November 20 saying the child was “witnessed by a uniformed officer… committing the offence of fly-tipping”.
The five-year-old then received a final reminder letter addressed to her from the enforcement team on December 5.
It advised her that they were “about to instruct the council’s legal team to start court proceedings” against her.
The letter also warned the youngster that a conviction carries a “maximum penalty of £2,500”.
It has since come to light no officer actually saw it, but instead parcel packing with the girl’s name on it was found a street away from her home address.
The girl’s dad, who wishes to remain anonymous to protect his child’s identity, said the packaging would have ended up down the street due to the overflowing communal bins in the area.
Now, the local authority has been forced to state that fining children “is not official council policy” after the fine was rescinded.
The girl’s father, who wishes to remain anonymous to protect his daughter’s identity, described issuing fines to children as “‘absurd”.
He told MyLondon: “This FPN was addressed to my five-year-old daughter, notifying her that a £1,000 fine had to be paid due to a fly-tipping offence she supposedly committed.
“We dispose of waste safely in the communal bins that are regularly uncollected and overflow.”
He added: “I am seriously concerned about the financial impact of this fine and it causing my daughter undue stress for her age.
“All I want is for this fine to be rescinded, or for there to at least be a clear process for appeals against fines such as this, as there seems to be no due process currently. I hope this injustice can be rectified.”
Upon receipt of the FPN, the girl’s father attempted to appeal it through the council’s website but struggled to resolve the issue.
After ten failed attempts to input his details, he attended a council advice session at Harrow Library but claims he was told it had to be reported online or by calling the council directly.
He claims that he sent an email which bounced before calling the council.
However, after a 40-minute wait he alleges that someone told him “they could do nothing about this” before hanging up.
The distressed father subsequently attended a ward surgery held by his local councillor, Stephen Hickman.
Cllr Hickman told the LDRS: “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.”
Harrow Council Leader, Cllr Paul Osborn, added: “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.”
The girl and her family are now relieved that the fine has been rescinded.
APCOA has been the enforcement partner as part of a tri-borough contract with Ealing, Hounslow, and Harrow since July 1 this year.
Cllr Patel said: “A resident can make a complaint or representation directly to APCOA, which they attempt to deal with within five working days. Owing to the complexity of some cases, this is not always possible as there may be several lines of enquiry to investigate.
“We are very supportive of APCOA in building a positive relationship with all our stakeholders, including elected representatives.
“However, it is really important that officers within the council who are managing performance of the contract have sight of any concerns stakeholders may have.
“We would encourage members to raise any concerns around responsiveness to our officers who will be able to resolve issues, track trends and take corrective actions where necessary.”
An APCOA spokesperson said: “The Fixed Penalty Notice (FPN) resulted from investigation of waste that had been fly-tipped; the age of the individual was not known. However, the FPN should have been cancelled on appeal.
“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.”
Fly-tipping rules in Harrow
Fly-tipping is the illegal dumping of any waste on a street or footpath.
Some examples of fly-tips include: black bags, fridges, mattresses or building rubble.
How does Harrow Council deal with fly-tips?
They aim to remove all fly-tips on public land within two working days.
It may take longer to remove the fly-tip if the council are investigating evidence of the perpetrator.
Examples of public land include:
Roads and pathways
Pavements
Public car parks
Council owned parks
Council owned alleyways/access roads
The council do not have a duty to clear up fly-tips on private land.
The council do not have the responsibility of the landowner to clear the fly-tip themselves.
Should the fly-tip remain a concern, our enforcement team will notify the landowner.
Reports of fly-tips on council property land are sent to the housing team to investigate.
Hazardous waste is reported to the City of London to investigate.
Harrow Council say they focus on ‘rogue trader’ fly-tippers and local repeat offending hot spots.
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