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Prisoners: Gender Recognition

Question for Ministry of Justice

UIN HL2007, tabled on 14 July 2021

To ask Her Majesty's Government, following the judgment in the case of FDJ v the Secretary of State for Justice on 2 July, whether it is their policy to treat biologically male prisoners in possession of a Gender Recognition Certificate as women for all purposes.

Answered on

28 July 2021

The Ministry of Justice and Her Majesty’s Prison and Probation Service policy framework ‘The Care and Management of Individuals who are Transgender’ sets out how decisions regarding transgender prisoners are taken.

Prisoners with a Gender Recognition Certificate (GRC) are housed and managed in line with their legal gender. This is in line with the Equality Act 2010 which prohibits discrimination based on gender reassignment. If a prisoner presents risk that cannot be managed in the estate matching their legal gender, the individual is referred to a Complex Case Board, chaired by a senior prison manager. The board then decides the most appropriate location for the prisoner after thoroughly considering all relevant risks, including risk to others, risk from others and the risk of self-harm. Where a transgender woman with a GRC is placed in the women’s estate, we consider any risks she may pose to other women in the estate, with use of separate accommodation where appropriate.

We are committed to treating all prisoners fairly, lawfully and decently.