GT Stewart has sent a letter on behalf of Northants Racial Equality Council (NREC) to North Northamptonshire Council, the Chief Constable, and the Police and Crime Commissioner concerning flags displayed on lampposts and other highway structures in North Northamptonshire. The letter was drafted by Dirghayu Patel, a Solicitor in our Public Law and Housing team.
The issue has recently been reported in local media, including NN Journal, in the article ‘Equality charity threatens legal action over controversial flags’ and raises questions about the exercise of statutory powers by public authorities.
Background
Over recent months, national flags have been affixed to highway infrastructure in parts of North Northamptonshire as well as other parts of the country.
NREC carried out a community survey in November 2025, receiving more than 400 responses within three days. Many respondents raised concerns about the impact of the displays on community relations and personal wellbeing.
NREC instructed GT Stewart to advise on the legal framework and the powers available to the council and police.
Statutory powers outlined in the letter
The letter sets out in detail the statutory powers available to the council and police.
The letter also states: “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.”
It refers 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 the authority powers of removal. The letter explains how these provisions apply to lampposts and streetlights and invites the council to clarify its position regarding consent and enforcement.
The letter also highlights the council’s duty under section 149 of the Equality Act 2010, which requires public authorities to have due regard to eliminating discrimination, advancing equality of opportunity, and maintaining good relations between groups.
In addition, the letter refers to powers under the Anti-social Behaviour, Crime and Policing Act 2014, which councils and police may use where conduct causes harassment, alarm, or distress.
The letter invites the authorities to consider whether exercising these statutory powers is appropriate in light of the concerns raised.
Pre-action stage
No proceedings have been issued. It is hoped that the letter leads to North Northants Council and Northamptonshire Police using the statutory powers available to them to promote inclusion, equality and respect for others which we believe are at the heart of British values that the flags are intended to represent.
