Charity threatens legal action against council over flags on lampposts

The letter from Northants Rights and Equality Council (NREC) has also gone to Northamptonshire’s chief constable Ivan Balhatchet and Police and Crime Commissioner Danielle Stone.

Law firm GT Stewart said a survey by NREC in November received more than 400 responses within three days, with many raising concerns about the impact of the displays on community relations and personal wellbeing.

Its letter set out the statutory powers available to the council and police and stated: “This case raises important questions about the use of national symbols in a way that seeks to exclude others from membership of the community.

“This is undermining community relations and we believe that local authorities along with the police should use the powers that are available to them, to promote inclusion.”

GT Stewart referred to section 132 of the Highways Act 1980, which makes it an offence to affix items to highway structures without the consent of the highway authority and grants powers of removal.

It also raised the council’s duty under section 149 of the Equality Act 2010, and powers under the Anti-social Behaviour, Crime and Policing Act 2014, which may be used where conduct causes harassment, alarm, or distress.

The commissioner declined to comment. Northamptonshire Police have been contacted for comment.

A spokesperson for North Northamptonshire Council said: “We can confirm that we are in receipt of a letter and will be responding in due course once we have considered the issue.”

Mark Smulian