Overview
- Scottish ministers confirmed on Tuesday that they will not appeal a Court of Session judgment and instructed the Scottish Prison Service to implement the ruling on prisoner placement.
- Judge Lady Ross found last week that guidance allowing some trans prisoners to be housed in line with their acquired gender was unlawful and said sex for the purposes of prison segregation must be read as biological sex.
- The Scottish Prison Service withdrew its transgender placement policy and began arranging transfers of a small number of affected inmates from the female estate to the male estate on 23 June.
- Ministers and the judge have highlighted welfare issues, including a recognised risk of suicide for some transgender prisoners, and said transfers will be handled carefully, lawfully and with welfare checks.
- The case follows a UK Supreme Court finding about the meaning of ‘woman’ in the Equality Act, has split political opinion, and could prompt further legal and operational debate over how ECHR rights and domestic equality law interact.