According to Boeing, on the 2/300 use of speed brake with flap is not recommended, my airline doesn't. On the 400, speedbrake can be used with flap up to flap 20, i.e. not with land flap. The airline used to fly 400s with allowed this.
Also, don't forget you will get some roll spoiler against flap in certain circumstances, but this wasn't the case in the photo.