Prisoners: Transgender People

(asked on 29th April 2025) - View Source

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what guidance they will issue to ensure that prisoners of female biological sex are not searched by prisoner officers of male biological sex.


Answered by
Lord Timpson Portrait
Lord Timpson
Minister of State (Ministry of Justice)
This question was answered on 15th May 2025

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

This Government inherited the policy regarding allocation of transgender prisoners from the previous Government and have not moved any transgender women into the women’s estate since taking office.

Following the Supreme Court ruling in the For Women Scotland case, the Lord Chancellor has commissioned a review of transgender prisoner allocation policy.

The Government is considering the implications of the Court’s judgment and policies, including searching in the prison estate, are under review.

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