Thread by @fairplaywomen

REVIEW OF DAY 1 OF TRANS PRISON POLICY JR
It was just a short afternoon of evidence today. Problems with the audio on the remote link meant that both barristers had to relocate into Court and join the two judges; Justice Swift and Justice Holroyde /1

Karon Monaghan QC set our the claimants case. This included extracts from the Fair Play For Women witness statement. This included the work we have done to obtain transgender prisoner statistics and the high rate of sex offending associated with that cohort /2

Fair Play For Women has engaged with MOJ as a stakeholder representative on behalf of women. As part of that work we attended a meeting in May 2019 to preview the new transgender policy /3

At this meeting we discovered that the MOJ was working on the assumption that the single-sex exceptions did not apply to prisons. In our witness statement to the court we explained how we challenged this at the meeting and after /4

Since that meeting the MOJ now accepts that the single sex exceptions DO apply in prisons. And that they CAN exclude transwomen from women's prisons when objectively justified according to EA2010 /5

However the issue presented to the court today was whether the policy - signed of by the minister for justice in March - had been formulated without consideration of the option to use the single-sex exceptions /6

Since the Minister approved the policy in March - before the change of heart after the May meeting when we raised legal objections - it seems likely that it was not part of the decision making /7

Indeed the final policy makes no reference to any assessments regarding where a prisoner is located being based on "proportionate means of a legitimate aim". /8

The claimants counsel argued that the policy gives the prison authorities NO DISCRETION regarding where male-born trans prisoner with a GRC. Initial allocation will always be in the female estate. /9

Due regard has not been given to the impact on the female prisoners. While physical safety is considered the psychological impact of association with a male-born sex offender was not /10

The hearing will resume tomorrow.

This case highlights the importance of having women's groups such as Fair Play For Women engaging as stakeholders. Our focus on sex-based rights of women means we spot the policy problems. /11

Something that the gender-inclusive women's organisations miss - or dare not address. /12

The earlier policy makers engage with us the less likely their organisation will end up in court /13