So many red flags in this trans prison policy judicial review concerning bad data collection.
MOJ have no central list of exactly how many male-born trans are in the women's estate because they don't count the ones with GRCs. /1
If a prisoner doesn't disclose they have a GRC - and pretends the were born female - there is simply no way for prison authorities to prove any different /2
How can MOJ have a policy on a cohort of prisoners that they can't identify or count. /3
They say that section 22 of the GRA2004 prevents them from making a list of the prisoners who tell them they have a GRC. This is not correct - they can record it when operationally necessary and make sure only relevant staff access the list /4
All of this shows what a mess the existence of the GRA2004 causes. This was set in motion in 2004. This should all have been foreseen and guarded against. /5
It also shows what happens when bad data is collected. Prisoners are allowed to self-declare their sex as well as their trans status. The figures are a mess because some prisoners don't answer the question accurately. We need proper records that collect facts not feelings /6
Data collection underpins good policy making. If you can't count something you can't make policies for it. Its an absolute disgrace that at this very moment in time nobody knows how many male-born prisoners are in a women's prison today. /7
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Initial reflections after the trans prison JR hearing
1) Good data collection matters - how can there be a workable policy on how to deal with transwomen with a GRC when the MOJ doesn't even know how many there are in prison. /1
2) Having a GRC is more than 'just admin'. MOJ says its a 'weighty matter' when it comes to making decisions about balancing risks
In essence, having a GRC enables a high risk male-born sex offender to get supervised association with women without their consent /2
3) This is the first time court has considered the interactions between the GRA2004 and EA2010 single sex exceptions. Turns out its not as straightforward as Stonewall has been telling everyone.... /3 🤔
Discussions happening around whether a policy decision taken without knowledge of all relevant information can be lawful
Was it unlawful that SSJ approved the trans prison policy without being made aware than the single-sex exceptions could have been included/1
The trans prison policy does not allow for consideration of all relevant risks - the opportunity to assess whether excluding a transwomen from women's prison can meet the proportionately test /2
The need for the policy to avoid discrimination to female prisoners must be fully justified. Not just the need to house transwomen somewhere. /3
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
GOOD NEWS: Today we have received an order from the Court listing our case for next Tuesday (9 March).
We will be arguing for interim relief from the Court such that the ONS is ordered to immediately take down the Guidance pending judicial review /1
In that same hearing we will also be asking for permission to proceed to Judicial Review to declare the Guidance unlawful /2
Our primary and most urgent objective is make sure the Census runs without guidance that conflates sex and gender identity. This means the Guidance could be gone this time next week. Just 12 days before Census Day on 21 March /3