B737-800
Flight Crew Air Transport Pilot (ATP)
Aircraft Equipment Problem Critical
Aircraft Aircraft Damaged; Flight Crew Landed in Emergency Condition; Flight Crew Returned To Departure Airport; General Declared Emergency
Aircraft; Human Factors; Procedure; Weather
When I arrived at the aircraft; I noticed the flaps were left at 40. The aircraft was towed from Maintenance Hangar and a note left on center pedestal 'Do not move flaps due to ice on the wings.'  During the pre-flight I noticed about 3 inches of ice accumulation on the wing surface of both wings (mid chord to trailing edge). The flaps were left at 40 until the certified deicer deiced the aircraft wings and tail with Type 1. The certified deicer completed the deicing. I moved the flaps to 5 per the TPS. On takeoff we retracted the flaps on schedule. As we accelerated I noticed that we needed almost 3 units of rudder trim and still needed aileron trim to maintain heading. Once we leveled off I went to the back to check on the wings. By doing so I noticed the right TE Flap was not completely flushed up and 2 of the spoilers were out. We had no indications in the cockpit. The right TE flap was not up and not at 1; but the left flaps were viewed up. We declared an emergency and returned. Because of the unknown of structural damage we did the following procedure in the QRH; All flaps up landing. The landing was uneventful. Significant damage to the TE flap linkage.
B737-800 First Officer reports receiving an aircraft from Maintenance with ice on the wings and the flaps full down and a note not to move the flaps until the aircraft has been deiced. After de icing the flaps are set for takeoff and the flight departs. Once airborne the aircraft requires significant rudder and aileron trim to fly straight. A trip to the cabin by the First Officer reveals that the right TE flap is not fully retracted and that two spoilers are partially extended. An emergency is declared and the flight returns to the departure airport for flaps up landing.