Question to the Ministry of Justice:

To ask His Majesty's Government, further to the reported findings of the study commissioned by the Ministry of Justice, due to be published later this year, what steps they are taking to prevent male offenders from seeking moves to the female prison estate due to faking their claims to be female.

The Ministry of Justice and His Majesty’s Prison and Probation Service take the allocation of transgender women in custody very seriously. The study in question concerns the lived experience of transgender women in two men's prisons. None of the participants stated that their motivation was to access the women’s estate, and the preliminary findings of the research did not suggest that any of the participants were motivated by this.

Most transgender women in custody do not request a move to the women’s estate, and of those that do, most are not granted a move. As a result, well over 90% of transgender women in custody are held in the men’s estate.

In February of this year, we strengthened our policy so no transgender woman who has been convicted of a sexual or violent offence, and/or who retains birth genitalia, can be held in the general women’s estate. Exemptions to this rule can only be considered for the most truly exceptional of cases, and each case must be risk assessed by a multidisciplinary panel of experts and signed off by a minister before the individual can be held in the women’s estate.