The Scottish Prison Service (SPS) has been accused of continuing to break the law over its policy of housing transgender women in female prisons, following a legal defeat last week.
Legal Ruling Declares Policy Unlawful
Lady Ross ruled on Friday that the SPS guidance on admitting trans women – biological males – to the female prison estate is “unlawful”. The decision came after a judicial review brought by For Women Scotland (FWS), which challenged the Scottish Government’s policy on transgender prisoners. The group argued that the policy violated the rights of vulnerable women in custody.
In her determination, Lady Ross rejected all arguments from Scottish ministers, including their claim that housing trans-identified male prisoners in the male estate would breach their convention rights.
SPS Response Draws Criticism
Following the ruling, SPS chief executive Linda Pollock confirmed the judge's decision to staff but stated: “While we carefully consider Lady Ross’s determination and how we need to change our policy, the admissions practice remains in place.” This prompted sharp criticism from policy expert Lisa Mackenzie of the Murray Blackburn Mackenzie policy collective, who wrote on social media: “Confirmation @scottishprisons intends to continue to break the law.”
Victory for For Women Scotland
Susan Smith of FWS said: “We are delighted to have won such a comprehensive victory in our judicial review on Scottish prison policy. All the arguments from the Scottish ministers were comprehensively rejected by the court, not least their claim that housing trans-identified male prisoners in the male estate would breach their convention rights.” Smith added: “We hope that, in future, the Scottish Government will start to listen to us rather than the lobby groups who drafted these policies and have so egregiously misled MSPs and MPs. Ultimately, this is a victory for the very vulnerable women in the prison estate.”
Impact and Next Steps
The SPS now faces pressure to immediately halt its current admissions practice. The Scottish Government has been questioned over its handling of the policy, which has drawn widespread criticism from women's rights groups and legal experts. The ruling marks a significant legal setback for the SNP administration's approach to transgender prisoners.
