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Written Question
Gender: Registration
Tuesday 2nd November 2021

Asked by: Mark Jenkinson (Conservative - Workington)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he will take to ensure the recording of biological natal sex on all records in his Department's remit.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

This question is not answerable within the proscribed PQ cost limit of £850.00.

The PQ requests an answer pertaining to the steps taken to ensure biological natal sex is recorded on all records in the MOJ.

To provide a response, officials would need to ascertain the facts of the extent of the activities undertaken to ensure the recording of biological natal sex on all MOJ records, or alternatively confirm that no steps are taken to ensure the recording of biological natal sex on all MOJ records.

In addition to this, investigations would also need to identify all systems, programmes and files that may hold records concerning the recording of biological natal sex in the organisation and extract that information to form a factual answer.

It is estimated that this would cost £1500.00.

To enable the department to provide a full answer within the proscribed cost limit, a revision to the question on scope and specificity is recommended.


Written Question
Divorce
Friday 16th July 2021

Asked by: Mark Jenkinson (Conservative - Workington)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what plans he has to reduce the number of separation and divorce proceedings that end up in the family court system; and what steps he is taking to increase the use of mediation services.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Divorce and dissolution are a fundamental change of legal status that may have implications for people’s rights and responsibilities, for matters such as property and inheritance, and for the families involved. Since the Matrimonial Causes Act 1857, divorce has always been a court process and only the court can legally end a marriage.

However, divorcing couples can use family mediation to reach agreement about the arrangements for any children and for dividing their financial assets, rather than asking the court to decide these matters.

This government is committed to supporting more families to resolve issues such as these through mediation, where appropriate. On 26 March 2021, a £1m Family Mediation Voucher Scheme was launched by the MoJ, to encourage and better support families to use mediation and resolve disputes outside of court.

The Family Mediation Voucher Scheme is currently available in private law children cases where there are no safeguarding concerns and the case is deemed suitable for mediation. The scheme will offer over 2,000 families a financial contribution of up to £500 towards their mediation costs, giving these families the opportunity to resolve their disputes with the assistance of a trained mediator. Mediation Vouchers are offered, at the Mediation Information Assessment Meeting (MIAM) to ensure families are provided with information regarding the support they can get, before they decide to pursue their matters in the family court.

We are closely monitoring the uptake and impact of the scheme and are actively considering what more could be done to encourage parties to consider mediation as an alternative to court, including better signposting of mediation as part of the implementation of the Divorce, Dissolution and Separation Act 2020.

This government will continue to look at how the benefits of mediation can be better communicated, in order to encourage wider use of mediation where cases are suitable to do so.


Written Question
Youth Custody: Gender Recognition
Tuesday 13th July 2021

Asked by: Mark Jenkinson (Conservative - Workington)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance is in place for Youth Custody Services on the care and treatment of people who are transgender.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Published Youth Custody Service (YCS) placement guidance (Youth Custody Service Report Template (publishing.service.gov.uk) states that “Young people who identify as transgender will typically be placed into a mixed gender Secure Children’s Home (SCH) or Secure Training Centre (STC) if considered suitable, alongside the risk they present to others and their age”. As part of placement considerations, the YCS placements team will consider an environment where the young person can mix with children and young people who are both male and female but also where that additional support is in place for a young person presenting with complex needs.

The revised Policy Framework for the ‘Care and Management of Individuals who are Transgender’, published in 2019 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863610/transgender-pf.pdf) sets out the requirements for secure establishments – including Young Offender Institutions (YOIs) –to care for and appropriately manage individuals who are transgender. In addition, as an annex to the Framework, the YCS are developing specific guidance for transgender children and young people in YOIs, STCs and SCHs, which is due to be published later this year. Specialist agencies have been consulted to support the development of the guidance. A multidisciplinary approach is taken to care for and manage transgender children and young people effectively with central or local multidisciplinary meetings held within secure settings at pre-determined points in a transgender child or young person’s sentence.


Written Question
Youth Custody: Gender Recognition
Tuesday 13th July 2021

Asked by: Mark Jenkinson (Conservative - Workington)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance is in place for Youth Custodial Services on the allocation of transgender offenders.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Published Youth Custody Service (YCS) placement guidance (Youth Custody Service Report Template (publishing.service.gov.uk) states that “Young people who identify as transgender will typically be placed into a mixed gender Secure Children’s Home (SCH) or Secure Training Centre (STC) if considered suitable, alongside the risk they present to others and their age”. As part of placement considerations, the YCS placements team will consider an environment where the young person can mix with children and young people who are both male and female but also where that additional support is in place for a young person presenting with complex needs.

The revised Policy Framework for the ‘Care and Management of Individuals who are Transgender’, published in 2019 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863610/transgender-pf.pdf) sets out the requirements for secure establishments – including Young Offender Institutions (YOIs) –to care for and appropriately manage individuals who are transgender. In addition, as an annex to the Framework, the YCS are developing specific guidance for transgender children and young people in YOIs, STCs and SCHs, which is due to be published later this year. Specialist agencies have been consulted to support the development of the guidance. A multidisciplinary approach is taken to care for and manage transgender children and young people effectively with central or local multidisciplinary meetings held within secure settings at pre-determined points in a transgender child or young person’s sentence.