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Prisoners: Gender Recognition

Question for Ministry of Justice

UIN HL2223, tabled on 4 March 2020

To ask Her Majesty's Government what is their policy on housing people with (1) functioning male sexual organs in the female prison estate, and (2) functioning female sexual organs in the male prison estate.

Answered on

13 March 2020

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 strengthens the risk and safeguarding process. This was fully implemented on 31st October 2019 across all men’s and women’s prisons.

The Policy Framework provides staff with clear direction in the care and management of transgender individuals, including managing potential risks both to and presented by transgender individuals. Part of this process ensures that a complex case board must be held for an individual to transfer between the male and female estates. This decision is made by taking into account a wide range of individual factors such as risk, offending history and an individual’s personal circumstances, medical history and what stage they are at in their transgender status. The Policy Framework also enables risk to be managed when an individual is placed into a prison which is different to that of their legal gender. The policy can be found on the following link:

https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender.

The safety of all prisoners is of paramount concern and it is our priority and commitment to ensuring that those under our care and management are treated fairly, lawfully and decently, with their rights properly respected.