The Foreign Office is accused of breaking the law by flying flags in support of bisexual awareness week without planning permission. The pink, purple and blue flags appeared in the courtyard of the Foreign, Commonwealth and Development Office in September.

These two flags had been purchased in 2021 for £285.93 each to mark the 30th anniversary of the lifting of the ban on LGBT+ people serving in the diplomatic service.

The Conservatives say the flags were visible to the public and did not have “deemed consent” – meaning permission should have been requested from the local planning authority.

While the rainbow flag does not require formal consent providing certain restrictions are complied with, the Tories argue there are no such provisions for the display of the bisexual flag.

Shadow Cabinet Office minister Mike Wood claimed the decision to fly the flags breached the ministerial and civil service code and the department “intentionally broken planning law”. He said this is a “criminal offence” which can incur a “fine of up to £2,500”.

He stated in a letter of complaint to the department: “I am surprised FCDO did not fly the white flag, given the Labour Government’s policy of sabotaging our Brexit freedoms and surrendering our hard-fought sovereignty to the European Union.”

Mr Wood added: “In 2012, the Coalition Government gave ‘deemed consent’ to the traditional ‘rainbow’ flag of six horizontal stripes: the simple colours of the rainbow embrace both sexes and all identities and backgrounds. But particularly in the civil service in recent years, through the adoption of identity politics and critical race theory, we have seen an aggressive and intolerant atomisation of society, which divides rather than unites Britain.”

Foreign minister Catherine West defended the decision in a letter to Mr Wood. Ms West stated “officials were aware” the flag did not have deemed consent but argued this is not required when it is “displayed on enclosed land”.

She said: “It was proposed that the bisexual flags would be flown from two flagpoles in the FCDO’s King Charles Street internal courtyard, an area not accessible to the public, to show support to bisexual staff. In September 2024, officials sought and received approval from the FCDO’s then Permanent Under Secretary to fly these flags.

“While we accept that the location of the flags was partially visible from publicly accessible areas, this is not the same as it being ‘readily visible’ from outside the building, or a place to which the public have a right of access, particularly in view of the strict security arrangements outside King Charles Street.”

She added: “The FCDO proudly supports inclusivity, diversity and tolerance, both at home and abroad.”