The London Borough of Tower Hamlets has announced it will remove Palestinian flags from lamp posts, just two days after receiving a letter preceding legal action from UK Lawyers for Israel (UKLFI).

UKLFI had received many complaints from Jewish and other people who live or work in the borough, who felt intimidated by the atmosphere created by the flags.  A number of them have been so distressed that they are looking to move out of the borough.

Jonathan Turner, Chief Executive of UKLFI, wrote to Tower Hamlets’ chief executive on 11 March 2024 saying: “In our view, the hanging of the flags and the Council’s failure to take reasonable steps to secure their removal have been and are illegal and indeed constitute criminal offences contrary to section 224 of the Town and Country Planning Act 1990 (“the Act”).” 

UKLFI had already written to Mr Mistry, Tower Hamlets Interim Corporate Director, on 5 January 2024, pointing out that the Council’s failure to remove the flags was illegal – but had received no response.

It has also been reported that the Council received legal advice that the display of the flags is illegal, but still no action had been taken by the Council to remove them.

On 11 March UKLFI wrote a formal “Letter before Action” to ask that the Council and its officers to comply with their legal obligations.

UKLFI pointed out in its letters that both the Council and its  relevant officers would be liable for the criminal offences unless the Council was unaware of the flags or had taken all reasonably practicable steps to prevent their display or to secure their removal. None of these conditions was fulfilled since the Council had received multiple complaints about the flags and had failed to take any steps at all to prevent or remove them.

UKLFI said that since the Council owns the public streets and street furniture, it has committed and is continuing to commit criminal offences in breach of section 224(4) of the Town and Country Planning Act 1990 (the Act).

UKLFI explained that under the Act, the officers and managers of Tower Hamlets, including the Mayor Lutfur Rahman, were also personally guilty of criminal offences if the failure to remove the flags was due to their neglect.

UKLFI’s letter to Tower Hamlets asked for a substantive response within 14 days, which must include confirmation that the Council would start to remove the Palestinian flags from lamp posts and street furniture without any further delay.

If there was no satisfactory response, UKLFI told Tower Hamlets that they would proceed either by private prosecutions or by a claim for judicial review.  The letter said: “We would welcome your comments on which approach would be more appropriate.”

However, UKLFI are delighted to read that Lutfur Rahman, the Mayor of Tower Hamlets, who could have been one of the defendants, has tonight issued a statement saying “Following advice from the Chief Executive, the Council will begin to remove the Palestinian flags from council-owned infrastructure.”

Jonathan Turner, chief executive of UKLFI commented: “After months of ignoring the voice of a significant number of Jewish and other residents of Tower Hamlets, we are pleased that Lutfur Rahman has at last been forced, following our threat of a legal action, to remove the divisive and inflammatory flags. It is also regrettable that the police failed to enforce the criminal law.”