Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Independent Monitoring Board's report entitled Annual report of the Independent Monitoring Board at HMP/YOI Downview, published on 3 September 2025, what steps he is taking to safeguard biological female prisoners where biological male prisoners are not subject to constant sight and sound supervision by a dedicated prison officer on a one to one basis during shared activities at (a) HMP/YOI Downview and (b) other prisons and (c) other young offenders institutions; and what guidance he intends to issue on this matter.

Prisoners on E Wing are held separately from other prisoners at HMP & YOI Downview. They may only access the regime of the wider prison if risk assessed as being safe to do so, and under the supervision of prison staff.

Transgender prisoners at all prisons are subject to local risk management arrangements. These are determined by the establishment and take into account risks that may be posed by the prisoner and risks they may face from other prisoners. Since policy was strengthened in 2019, there have been no sexual assaults committed by transgender women in women’s prisons.

With regard to the changes to supervision noted in the Independent Monitoring Board’s Annual Report: E wing prisoners continue to be subject to supervision at all times. Following individual risk assessments carried out by the prison, it was determined that additional prison officer supervision was not necessary to manage risk in each case.

In contrast with the adult estate, the Children and Young People Estate includes mixed gender settings. Placement decisions are based on the young person’s identified needs and the risks they may present to themselves and others at the time of placement. Young people who have been identified as transgender will normally be placed in a mixed gender setting, where staff are skilled at safeguarding and supervising boys and girls in the same establishment. If a transgender young person identifying as a girl were assessed as being too high risk for management in a mixed gender setting, that young person would be placed in a male-only part of the estate, where their transgender needs would be supported. A transgender young person identifying as a boy would only be placed in a mixed gender site, not in a male-only establishment.

A review of transgender prisoner policy in the light of the Supreme Court ruling in For Women Scotland Ltd vs. The Scottish Ministers is in progress.