Campaigners have launched a legal challenge at Scotland’s highest civil court against the Scottish government’s policy on housing transgender inmates in female prisons. For Women Scotland argues that the use of individual risk assessments to place trans women in women’s jails contradicts a Supreme Court ruling that a woman is defined by biological sex.
At the Court of Session in Edinburgh, Aidan O’Neill KC said the policy treats female prisoners as ‘pawns for political gain’ and represents ‘institutional neglect of and contempt for women’s rights’. He claimed there is no European human rights law requiring trans male prisoners to be placed in women’s prisons, and that the Scottish ministers are asking the court to go beyond Strasbourg’s position.
The Scottish Prison Service confirmed that as of June 2025 there were 19 transgender inmates, with 80% held in prisons matching their biological sex. O’Neill noted that biological men convicted of serious violent crimes, including murder, were being housed alongside vulnerable female prisoners, and questioned why special facilities were not provided for trans inmates.
Scottish Labour leader Anas Sarwar promised before the hearing to ban trans prisoners from women’s jails within days if he becomes first minister in May’s election. First Minister John Swinney acknowledged strong feelings on the issue but said policy must comply with convention obligations. The judicial review continues before Lady Ross.
