Hefty fine for duty of care offence

Fly tipping

Published: Thursday 23rd June 2022 | 10.49am

Cannock Chase Council’s Environmental Health Department have successfully prosecuted a Walsall resident for a Duty of Care offence following the fly tipping of waste in Cannock Chase. 

On 21 June 2022 Ms Fallon Arrowsmith, of Hardy Road, Walsall, pleaded guilty to a duty of care offence after household waste was found fly tipped on Fishley Lane, Cannock. 

On 6 February 2021, evidence was found in the waste leading to Ms Arrowsmith. Ms Arrowsmith did not have any details of the offenders who removed the waste for her and therefore did not fulfil her duty of care. Ms Arrowsmith was given the opportunity to pay a £200 fixed penalty notice but did not pay. 

Ms Arrowsmith failed to attend her first hearing and a warrant was issued for her arrest. Ms Arrowsmith was ordered to pay a fine and costs totalling £1144.50 at Wolverhampton Magistrates’ Court. 

The Council is continuing to offer a £250 reward to anyone who provides evidence that leads to successful enforcement action against any person, business or other organisation involved in fly tipping waste in the district.

Councillor Justin Johnson, Portfolio Leader for Environment and Climate Change said “Our zero-tolerance approach means that anyone who fly-tips within Cannock Chase District is likely to face enforcement action.  Our Environmental Health team has a 100 per cent record of securing successful prosecutions for this type of offence and if you fail in your duty of care and allow rubbish to be fly tipped in Cannock Chase, you can expect to be caught and brought before the courts.

“We all have a responsibility to dispose of our waste in a responsible and lawful manner. If you hire a company to dispose of your waste, always ask for a copy of the company’s waste carrier registration certificate and ask where the waste is being taken, or you could be found liable and face a considerable fine.”

Anyone who witnesses fly tipping in the District is urged to report it to Cannock Chase Council by calling 01543 462621. Key information to pass on includes: 

•    The date and time of the incident

•    The model, make, registration number and colour of any vehicle used

•    A description of the offender or offenders.

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