Prisoners: Gender Recognition
(asked on 28th October 2020) - View Source
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answers by Baroness Scott of Bybrook on 27 October (HL9110 and HL9111), how many transgender prisoners who have obtained a gender recognition certificate there are in each women’s prison; how many of those were sentenced to that prison term because of an assault against a woman; and what risk assessment they have carried out of the potential impact of those prisoners being held in women’s prison units.
Answered by
Baroness Scott of Bybrook
Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
We are committed to ensuring that transgender individuals 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.
Data is not held on the number of prisoners with Gender Recognition Certificates (GRCs) within the prison estate. There is no legal obligation for an individual with a GRC to disclose this as, 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.
Where it is known that an individual is transgender, a Local Case Board is held, as per our ‘Care and Management of Individuals who are Transgender’ policy framework, to consider what support should be provided and to consider any risks posed to, or from, the individual. Cases can then be referred to a centrally managed Complex Case Board (CCB), chaired by a senior prison manager, where the referral criteria are met. However, thorough and appropriate assessment of risk is of paramount importance for all those in our care, regardless of an individual’s gender or any protected characteristic they may or may not have.
Further information on the policy framework, the CCB referral criteria and the risk factors considered by CCBs can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender.