Birmingham City Council's application for a High Court injunction to prevent unauthorised attachments, including flags, banners and signage, on highways has sparked a public divide, with Reform UK and Conservative leaders condemning the move while some residents welcome it.
The council is seeking the injunction after more than a year of flagging on the city's lampposts, with the authority telling the court there have been incidents involving harassment, intimidation or obstruction during removal activity. The legal action targets the Raise the Colours organisation and its founders and supporters, though the application also names “Persons Unknown”.
Political leaders respond
Reform UK's Birmingham group leader, Coun Jex Parkin (Kingstanding), said his group 'condemns violence, threats and intimidation from anybody', but added: "If somebody commits an offence, deal with that individual. But don’t demonise patriotic residents who simply want to display our national flag."
His statement continued: "It is extraordinary that we have reached a point where people peacefully displaying the Union Flag or St George’s Cross could potentially find themselves before the courts, with breach of any eventual injunction carrying extremely serious consequences, including imprisonment."
Coun Robert Alden (Erdington), Conservatives group leader, said in a social media post: "Our St George's and Union flags are a unifying force celebrating our shared culture and heritage. Disappointing to see Birmingham City Council taking this action. They should be enabling communities that want them, to have formal displays in their neighbourhoods."
Council defends lawful approach
Coun Jane Baston (Greens, Bournbrook and Selly Park), cabinet member for equalities, communities and social justice, said: "The council is taking a lawful, proportionate and evidence-led approach to unauthorised attachments on the highway. This includes pursuing injunctive action based on the evidence gathered to date."
She added: "Our priority is to protect public safety, staff and contractor welfare, community cohesion and the responsible use of public funds. We ask residents and community groups to support this approach and to ensure any displays are placed only where permission exists."
Labour group leader Coun Nicky Brennan (Bournville and Cotteridge) said: "We cannot allow a small group of people to attempt to divide the communities of Birmingham."
Public reaction on social media
The court bid has drawn mixed reactions on BirminghamLive's Facebook page. Some residents support the move, pointing out that attaching flags to lampposts is already an offence, while others say they want the flags to remain as a 'wonderful sight'.
Mona Waly said: "Flying the British flag is fine. The issue is whether people can take over public property and put things on lampposts without permission. Patriotism doesn’t mean ignoring the rules." Sabiha Aziz asked: "Don’t they have better things to oppose?"
Greg Williams argued: "In Croatia the local government has put lots of Croatian flags on lampposts. It's normal." In reply James Passas hit back: "Yes, the government has put them up. Not the general public!"
Wizz Bang Wizzard wrote: "Are the city's Conservative group aware that putting up flags on street furniture is a breach of the Highways Act 1980 section 132 brought in by the Conservatives?" Bartholomew Simpson said: "Keep the flags up. It makes you feel proud seeing the nations flags flying. People should feel proud to see it."
Lilith Mooney took the opposite position, writing: "Its illigal to put them up on lamposts. If Reform councils are going to ignore civil crimes, than I suggest people stop paying their council tax, obviously Reform councils won't prosecute you. They have better things to do, like taking rainbow flags down."
Steven Jes commented: "Leave them up Birmingham City Council every time I visit Birmingham, it’s a wonderful sight." Natalie Goode agreed, writing: "Love seeing the flags everywhere personally." James Instigate expressed frustration over the bin strike, saying: "Can take down flags but not collect the bins …"
Simon Clippingdale wrote: "'The city's Conservatives group have also condemned the move, describing the flags as a 'unifying force'. Yeah, very unifying! That's why everyone's screaming at each other on social media." Terry Atkins commented: "You'd think patriots would want to obey the law of the country." Kelly Stewart pleaded: "Can BCC sort the recycling out 1st please I would prefer that and the bins being emptied a priority." Terry Hatton added: "Yay get rid of them."
Legal background and rules
The legal bid would not stop anybody displaying flags on their private buildings, gardens or other private spaces, or on public buildings with permission. Section 132 of the Highways Act 1980 already makes it a criminal offence to paint, write, or attach any sign, picture, flag, or mark onto a highway surface, tree, or public structure (such as a lamppost) without official permission.
The legislation, passed under the Conservative government of Margaret Thatcher, says the local highway authority - in this case Birmingham City Council - already has the right to take down any attachments. Offenders face a fine of up to £2,500 under the current legislation.
Oxfordshire County Council has already secured a permanent high court injunction to stop the flying of flags from lamp-posts, with Justice Dias noting council workers there had "faced abuse or intimidation while taking flags down, as well as residents". The Birmingham case continues, with the council seeking to extend similar restrictions to the city.
