On 2nd July 2021 at 10.30 am judgement was handed down in R(FDJ) v SSJ. The Divisional Court has ruled in favour of the SSJ that the MoJ’s policies in relation to the allocation of prisoners of the male sex who identify as transgender are capable of being operated lawfully.
This was the first time that the High Court has considered the single-sex exceptions in the Equality Act (2010). As such, we knew this would be a challenging case to win.
Key to this lawful operation is the adequacy of risk ax. At para 79: Throughout the policies, the need to assess and manage all risks is repeatedly emphasised.
The MoJ has repeatedly stressed that risk assessment processes are in place to keep women in prison safe.
However, the risk ax tool that is used for adult men who have been convicted of sexual offences, the OASys Sexual reoffending Predictor Score (OSP), is not used for male prisoners with a GRC because these prisoners are treated as female, and this risk ax tool is used with women.
Documents obtained by us through FOIA indicate that no consideration was given to the safety of female offenders when drawing up the conditions of use for the OSP with prisoners of the male sex who identify as transgender.
The judgement pointed to the unsatisfactory practices of data collection whereby prisoners with a Gender Recognition Certificate are not included in the statistics for transgender prisoners: prisoners of the male sex with a GRC have been recorded as female in all records.
We are pleased that, as a result of this legal case, this practice is now changing. In response to a PQ asked by Andrew Rosindell, Alex Chalk confirms that from this year data will be reported on prisoners with GRCs.
questions-statements.parliament.uk/written-questi…
Last week, Alex Chalk confirmed in response to a PQ by Kenny MacAskill that the MoJ are in the early stages of reviewing the policy in respect of transgender prisoners. This is welcome.
As the judgement stated at paragraph 72: It is necessary to be clear about what the court is, and is not, called upon to decide… it is a challenge to the lawful not the desirability of the policies.
The judgement makes clear that the fears and anxieties of women in prison on being housed with prisoners of the male sex who identify as transgender are fully understandable, even in the absence of an incident such as a sexual assault.
At paragraph 76: Many people may think it incongruous and inappropriate that a prisoner of masculine physique and with male genitalia should be accommodated in a female prison in any circumstances.
We concur with this view.
The judgement makes clear that these policies do impact on women in prison and that policies that seek to accommodate prisoners of the male sex who identify as transgender in women's prisons may discriminate against female prisoners.
We hope that the recent decision by the MoJ to leave the Stonewall Diversity signifies the intention to take a more equitable approach to policy where the needs of female offenders are first and foremost in decisions that impact on the female prison estate.
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More from @NoXYinXXprisons

2 Jul
Para 72: It is necessary to be clear about what the court is & is not called upon to decide.... it is a challenge to the lawfulness, not the desirability of the policies.

We will not be giving up until these policies are changed.
Through our work we discovered that the MoJ are in the early stages of reviewing the policy.
We have had PQs asked in both Houses, and will be pressing the Government through more PQs over the coming weeks. Now is the time to focus on the undesirability of these policies.
We will be tweeting about how you can help over the next few weeks when we re-launch our website and our campaign. This all takes money.
Please support us if you can:

crowdfunder.co.uk/fighting-for-s…
Read 4 tweets
29 Jun
At the end of last year @scottishprisons (again) stated the intention to review the 2014 policy on transgender prisoners. (The one written by James Morton of @ScottishTrans - remember?). Review is urgently required and must include women in prison & groups representing them.
Our repeated inquiries of @scottishprisons have been met with silence. We call upon the Justice Committee to seek urgent evidence from @scottishprisons on the status of this review:
engage.parliament.scot/post/56275
Please consider supporting us:

crowdfunder.co.uk/fighting-for-s…
Read 4 tweets
29 Jun
We’re not only about the MoJ and HMPPS. Please support our work in Scotland:
crowdfunder.co.uk/fighting-for-s…
Did you know that the Scottish Prison Service policy on transgender prisoners is emblazoned with the logos of Scottish Trans Alliance & Stonewall?
Did you know that the policy was written by James Morton of Scottish Trans Alliance?
Did you know that getting TW into women’s prisons early on was a deliberate choice intended to provide ‘proof of success’ to enable roll out across other sectors?
Read 6 tweets
24 Jun
The time has come to take KPSS to the next level to enable it to become a more professional organisation.

crowdfunder.co.uk/fighting-for-s…
When we first started almost 12 months ago, we consisted of a few boxes of stickers and a Twitter account run by 1 women as she recovered from covid. We have now grown. Some of our work you may be aware of.
Parliament: we have formed a growing and committed team of MPs and Peers across the political spectrum. KPSS has been responsible for 20 questions asked in both houses about the sex-based rights of women in prison.
Read 17 tweets
21 Jun
I assume that all the investigative reporters and documentary makers who exposed the doping scandal in cycling & the systemic cheating will also be working hard to expose the inclusion of male-sexed athletes in female categories?
We've already given you a heads up in terms of who these athletes are, so part of the work has already been done for you.
Heads up: the doping scandal only happened at the elite level. Making female categories mixed sex is happening at EVERY level. So you can pick your human interest angle: the elite female athlete who now comes 4th, the school girl who misses out on a college scholarship,
Read 4 tweets
3 May
This conviction for child sexual offences has been recorded in the female crime stats. This will falsely elevate the true numbers of females convicted of these offences this year.
examinerlive.co.uk/news/west-york… Image
Image
Where offence categories are only rarely committed by females, the addition of just 1 or 2 males in the female stats has the ability to dramatically skew the female numbers.
Is this the explanation for this?

dailymail.co.uk/news/article-9…
Read 8 tweets

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