Image of a flytip with red FINED text over it

A man from Birmingham has been fined £400 for improper Duty of Care use.

A man from Birmingham paid an individual who was claiming to ‘responsibly dispose of waste’ from his property, without making the necessary duty of care checks, such as checking that the individual had a waste carriers license.

The man was fined £400 under Section 34 of the Environmental Protection Act 90 for not acknowledging the Duty of Care (S.C.R.A.P Code).

The duty of care applies to anyone who imports, produces, carries, keeps, treats, disposes of, or is a dealer or broker that has control of, controlled waste and householders (ensuring their waste is only given to authorised persons).

You can easily follow the duty of care by acknowledging the S.C.R.A.P Code:

  • Suspect – beware of rogue waste carriers. Reputable companies do not usually make direct approaches. If you have any doubts, do not allow them to take your waste.
  • Check – ask for their waste carrier registration details and verify them either by checking the online register or by calling (03708) 506 506. Note down the registration number of the vehicle used to take your waste away, just in case.
  • Refuse – refuse unsolicited offers to have any rubbish taken away. Always carry out your research and choose who you wish to approach.
  • Ask – always ask what exactly is going to happen to your rubbish and seek evidence that it is going to be disposed of appropriately. A legitimate, professional waste carrier who wants your business should not object to being asked reasonable questions.
  • Paperwork – make sure you get a proper receipt containing the written information for your waste. This should include what has been removed and where it will be going. Make sure the company or tradesperson’s details are included.

Published: Thursday, 6th March 2025