Question to the Ministry of Justice:

To ask Her Majesty's Government what assessment they have made of compliance with the Equality Act 2010 of decisions to move male prisoners who are gender transitioning to female prison units.

We are committed to ensuring that transgender offenders are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.

In 2019 the Ministry of Justice conducted a review into the care and management of individuals who are transgender and this led to the publication of a revised Policy Framework which strengthened the risk and safeguarding process. The Framework was developed in consultation with a range of internal and external stakeholders, and comprehensive consideration was given to HMPPS’s responsibilities under the Equality Act 2010 throughout the process. The Framework emphasises the requirement to protect both the welfare and rights of the individual, and the welfare and rights of others around them. This includes staff and other prisoners. All decisions made on the location of transgender individuals are made in line with this policy, and decisions to locate an individual in the opposite side of the estate to their legal gender can only be made by a Complex Case Board (CCB), chaired by a senior prison manager, following a full assessment of all known risks posed both to, and from, the individual

Under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender. This means that a transgender female with a GRC entering the prison estate would be placed in a women’s prison, unless there were exceptional circumstances. Where such circumstances are identified, a referral is made to the CCB to consider all available evidence relating to an individual’s care and management, including risks posed both to and from the individual, before making a decision on an individual’s location.

Further information can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender