Second High Court hearing set for council's flag injunction bid

Birmingham City Council's application for a High Court injunction over flags attached to street furniture will return to court on Wednesday 30 September, after the first hearing was adjourned.

The council applied at the start of September for an injunction, including an interim injunction and a power of arrest, covering the unauthorised attachment of flags to lampposts, signs and other highway infrastructure across the city.

Why the first hearing was adjourned

The application was first considered at the Birmingham Civil and Family Justice Centre on 8 September. The hearing was adjourned and directions were given so that the defendants had time to consider the evidence, and so that those who wanted to attend but could not make the first date would be able to take part.

The second hearing is listed for 10.30am on 30 September at the same court on Bull Street.

What the council is asking for

According to the council, the application seeks to prevent:

• flags being attached to street furniture and highway infrastructure without permission;
• obstruction of the highway linked to that activity;
• interference with council officers or contractors removing attachments; and
• behaviour alleged to amount to harassment, alarm or distress towards staff, contractors, councillors and members of the public.

The council says unauthorised attachments can create highway safety risks, block visibility for drivers and damage highway assets. Its application also refers to reported incidents of alleged intimidation and obstruction connected to putting flags up and taking them down.

"The Council is taking a lawful, proportionate and evidence-led approach to unauthorised attachments on the highway," said Councillor Jane Baston, Cabinet Member for Equalities, Communities and Social Justice.

She added that the council's priorities were public safety, the welfare of staff and contractors, community cohesion and the responsible use of public money, and asked residents and community groups to make sure any displays are placed only where permission exists.

The claim documents and hearing bundle are published on the council's website, and paper copies can be collected from the main reception at the Council House in Victoria Square.