Trans women in Scotland to be removed from female prisons TODAY after SNP decides not to appeal judgment

Trans women across Scotland are to be removed from female prisons today after the SNP decided not to appeal Judge Lady Ross’s ruling that the current system for housing prisoners is unlawful.

The Scottish Prison Service currently uses a system of individual risk assessments that aims to keep anyone who poses a danger to women out of the female prisons.

But that guidance allows for circumstances where trans-women, who were born male, are able to be housed alongside women within prisons, if they are deemed not to pose a threat to women.

Judge Ross ruled that sex segregation within prisons must be based on biological sex, to align with the Supreme Court ruling passed in April last year.

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Scottish ministers confirmed earlier today they will not be challenging the ruling made by Judge Ross, meaning any trans women in female prisons will now be moved.

Scottish Justice Secretary Neil Gray confirmed: “Following careful consideration of Lady Ross’s judgment, we accept the ruling and have decided not to appeal.

“This case involved important considerations of Ministers’ legal obligations as well as the serious implications arising from the issues before the court, including the risk of suicide recognised in the judgment.

“The Scottish Government frequently has to make difficult decisions which balance the different interests and rights of individuals, often in complex situations, and this was one such situation.

“The focus now moves to implementing the law, as clarified by the court, maintaining a clear focus on the safety, well-being, and rights of those living and working within Scotland’s prisons.

“The Scottish Prison Service withdrew its Transgender Policy yesterday, and work is underway to implement transfers of prisoners today.”

The case originally arose from the campaign group For Women Scotland challenging the Scottish Government through a judicial review, arguing that only those born biologically female should be held in the women’s estate.

Following the victory last week, Susan Smith, the founder of FWS, said: “We are delighted to have won such a comprehensive victory in our judicial review on Scottish prison policy.

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“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.

“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.

“We should never have needed to take this case and we hope this will be the last time that we are forced to go to law to defend the rights of women.”

Conservative Leader, Kemi Badenoch, hailed the ruling, saying on X: “Surreal headline, amazing that this even needed to be done.

“This was never a left vs right issue but a battle for common sense. And common sense won.

“One of my proudest moments in politics was intervening to stop this rubbish.

“Thank you @Forwomenscot for leading the way.”

Transgender individuals have protections over their personal autonomy and private life under the ECHR, but these rights do not extend to being entitled to being housed in a prison for the “opposite biological sex”, Judge Ross added.

Extreme cases, such as those regarding suicide, could culminate in the allowance of housing prisoners in a prison for the opposite sex - but such “abstract” cases cannot dictate general legislation.

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