Prisons: Gender Recognition

Ministry of Justice written question – answered on 20th July 2021.

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Photo of John Hayes John Hayes Conservative, South Holland and The Deepings

To ask the Secretary of State for Justice, how many male to female transsexuals there are in female prisons.

Photo of John Hayes John Hayes Conservative, South Holland and The Deepings

To ask the Secretary of State for Justice, what plans he has to review his policy of allowing male to female transsexual prisoners to be housed in female prisons.

Photo of John Hayes John Hayes Conservative, South Holland and The Deepings

To ask the Secretary of State for Justice, what risk assessment his Department has carried out of the policy of allowing for male to female transsexuals to be housed in female prisons.

Photo of Alex Chalk Alex Chalk Assistant Whip, The Parliamentary Under-Secretary of State for Justice

On March 31st 2019, the latest period for which data is available, there were 34 transgender prisoners housed in women’s prisons. 30 reported their legal gender as female and 4 as male.

The Ministry of Justice and HM Prison & Probation Service will always ensure that transgender individuals are managed safely, with their rights properly respected and in accordance with the law. Although a routine review of the implementation of the policy framework 'The Care and Management of Individuals who are Transgender' is underway, it is important to note that the decision of 2nd July 2021 in FDJ, R (On the Application Of) v SSJ [2021] EWHC 1746 (Admin) confirmed that our policies are lawful.

The policy framework was developed in 2019 following a thorough review and after engagement with a range of stakeholders. It emphasises the importance of considering all known risk factors when managing transgender offenders, including any risk to the person, risk to others and risk of self-harm. This ensures that we are able to strike an appropriate balance between the safety, rights and wellbeing of transgender prisoners, and that of all other prisoners.

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