I am submitting this request under both the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). I understand parts may fall under FOIA and others under EIR and am happy to receive two separate responses if necessary.
The Maidenhead Advertiser has reported on two separate incidents of St George’s Cross flags and markings on roundabouts within the Borough:
1. “Council has ‘no choice’ but to remove England roundabout flags” (Nov 2022, Windsor, World Cup).
2. “Council in ‘no great rush’ to remove St George’s flags from Maidenhead roundabouts” (Aug 2025, Operation Raise Your Colours).
In 2022, the council acted quickly citing road safety, vandalism, and public expense. In 2025, despite more flags and painted roundabouts, the cabinet has delayed action. Other councils (Durham, Hertfordshire, Brighton & Hove) have acted decisively, citing Highway Code, Highways Act 1980, Road Traffic Act, and possible criminal damage/fly-posting.
Please provide the following information:
1. Cabinet Discussions (2022 & 2025)
- Minutes, reports, briefings, and records relating to removal of flags/painted roundabouts.
- Advice presented on timing, safety, and legal basis for removal.
2. Highway Code, Laws, Regulations
- Legal or officer advice on breaches of the Highway Code or driver distraction.
- References to Highways Act 1980, Road Traffic Act, criminal damage, fly-posting, or other laws.
- Records of consultation with police or highways enforcement.
3. Decision-making Rationale
- Documents explaining why in 2022 the council acted immediately, but in 2025 is “in no great rush” despite greater disruption.
4. Timelines
- Specific dates in 2022 and 2025 for awareness, cabinet discussion(s), decisions, and removals (planned or completed).
5. External Comparisons & Guidance
- Any internal briefings or correspondence comparing RBWM’s approach with other councils.
- Guidance from DLUHC, LGA, or central government on unauthorised flag displays on highways.
The purpose of this request is to clarify how RBWM has approached removal of St George’s flags and painted roundabouts in 2022 vs 2025.
Differences in action appear significant: in 2022, removal was swift; in 2025, despite a larger number of flags and markings, action has been delayed. Understanding decision-making, timelines, and legal advice is in the public interest for:
- Road Safety: The displays are on busy roundabouts and may distract drivers.
- Consistency of Enforcement: Other councils have acted decisively; the public has a right to know why RBWM’s approach differs.
- Transparency & Accountability: Citizens should understand how the council balances public safety, legal compliance, and civic expression.
- Legal Clarity: Identifying considered laws and guidance informs public understanding of responsibilities regarding public property and highways.