Question to the Ministry of Justice:

To ask Her Majesty's Government how many female prisoners who are transitioning to male, or who have a gender recognition certificate, are incarcerated in prison units holding male biological sex inmates.

Her Majesty’s Prison and Probation Service (HMPPS) record the legal (rather than biological) gender of prisoners. For transgender prisoners with gender recognition certificates (GRCs), this is in line with the Gender Recognition Act 2004. Where required for statistical purposes, data on the characteristic of gender reassignment is obtained via a separate matching exercise, using information from the annual collection of data on transgender prisoners.

At the time of HMPPS’ latest Offender Equalities Report (conducted on 31st March 2019), of 129 transgender prisoners in the men’s prison estate, there were none who identified as male, although ten individuals did not specify their gender identity during the data exercise.

92% of transgender women (those who were of male sex at birth and now identify as women) were held in the men’s estate. There were 11 transgender prisoners in the female estate who identified as female (out of 34 transgender prisoners in total). Because of the way gender identity data was previously collected, it is important to note that the above figures may also include those who identified in other ways, such as those who are non-binary. This data does not include prisoners with gender recognition certificates. HMPPS continue to refine the scope and quality of data relating to gender identity.

Transgender prisoners are managed on a case-by-case basis, in accordance with ‘The Care and Management of Individuals who are Transgender’ policy framework. All risks (both to and from the prisoner) are thoroughly considered, including anatomy where appropriate.