Trans inmates still in women's prisons despite Supreme Court ruling on gender

Five biologically male prisoners who identify as transgender women remain housed in HMP Downview, a women’s prison in Surrey, despite the Supreme Court ruling confirming that access to single-sex spaces must be based on biological sex.

Justice Minister Alex Davies-Jones confirmed, in response to a parliamentary question from Conservative MP Rebecca Paul, that as of 1 August, five such prisoners were being held in Downview. Since July 2024, seven have been accommodated at the prison in total.

These prisoners are housed in E Wing, a segregated unit that Davies-Jones said is “not part of the general women’s estate.” She added that the prisoners may only access other areas of the prison under staff supervision and after a full risk assessment.

The Ministry of Justice stated that E Wing was created in 2019 as the first UK prison unit designed specifically for transgender inmates. It was set up to house those considered too high-risk for the general female estate, but also vulnerable in the male estate.

However, campaigners say this arrangement contradicts the Supreme Court’s ruling earlier this year, which clarified that the term “sex” under the Equality Act refers to biological sex. Therefore, access to single-sex services — including prisons — must exclude those who are biologically of the opposite sex.

A spokesperson for Labour Women’s Declaration, a group advocating for sex-based rights, told The Daily Telegraph:

“Vulnerable female prisoners must be prioritised. Housing male offenders, regardless of how they identify, in the female estate violates the rights and safety of women prisoners and breaches the Supreme Court ruling.”

The Ministry of Justice said it is reviewing its transgender prisoner policy following the judgment. A spokesperson added:

“This is a separate unit for transgender prisoners, isolated from the main female population and only has access to the wider prison’s regime under exceptional circumstances, following robust risk assessments and constant direct supervision.”

The department also clarified that no transgender-identifying males are currently held in the general women’s prison estate. The majority of trans-identifying inmates remain in the men’s estate.

Campaigners continue to call for full compliance with the legal definition of sex, stressing the need to uphold the safety and rights of female prisoners.