Five biologically male transgender prisoners remain housed at HMP Downview’s women’s facility in Surrey despite April’s landmark Supreme Court ruling that sex segregation must be based on biological sex rather than gender identity, sparking fierce debate over women’s safety in custody and ministerial inaction.
Campaigners are demanding Justice Secretary David Lammy take immediate action to transfer the transgender inmates from the controversial E Wing unit, arguing the government is violating both the Supreme Court’s unanimous judgment and the rights of vulnerable female prisoners.
The Ministry of Justice has confirmed that five transgender women are currently held on E Wing at HMP Downview, a designated unit within the women’s prison estate that was established in 2019 following the Karen White scandal. However, activists warn the wing is not effectively separated from the rest of the building, with prisoners able to access the wider prison regime under certain circumstances.
Labour Women’s Declaration, which campaigns for sex-based rights, issued a stark warning to the Justice Secretary: “Vulnerable female prisoners must be prioritised. Housing male offenders, regardless of how they identify, in the female estate violates the rights and safety of women prisoners and breaches the Supreme Court ruling.
Five Months Since Landmark Ruling
The controversy comes five months after the UK’s highest court unanimously ruled that references to “sex”, “man” and “woman” in the Equality Act 2010 refer exclusively to biological sex at birth, not gender identity – even for those holding Gender Recognition Certificates.
The Supreme Court’s judgment in April stated unequivocally that “the words ‘sex’, ‘woman’ and ‘man’ mean (and were always intended to mean) biological sex, biological woman and biological man.” The ruling clarified that a person with a Gender Recognition Certificate in the female gender “does not come within the definition of a ‘woman’ under the Equality Act.
Despite this crystal-clear legal direction, the government has yet to act on removing biologically male prisoners from the women’s estate. A spokesman for Labour Women’s Declaration said: “It has now been five months since it was clarified that sex in the Equality Act 2010 refers to biological sex. If he chooses to act decisively, Secretary of State for Justice David Lammy has an important opportunity to both ensure the safety of women in custody and reaffirm Labour’s commitment to defending women’s rights. We trust he will make the right choice.”
The group’s frustration reflects growing anger amongst women’s rights campaigners who believed the Supreme Court ruling would finally end the practice of housing male-bodied prisoners in women’s facilities.
Ministry Defends Current Arrangements
The Ministry of Justice has defended the current arrangements, insisting that transgender prisoners on E Wing are kept separate from the general female population. A spokesman stated: “This is a separate unit for transgender prisoners, isolated from the main female population and only has access to the wider prison’s regime under exceptional circumstances following robust risk assessments and they are subject to constant direct supervision.”
However, this claim has been challenged by the prison’s own independent monitoring board, which found that staff shortages meant it was not possible to ensure biologically male prisoners are supervised properly when mixing with female inmates.
Justice Minister Alex Davies-Jones told the Commons that since the current government took office on 4 July 2024, seven prisoners have been placed in the unit, but none have moved from E Wing into the general women’s estate. She emphasised: “E Wing is not part of the general women’s estate. Prisoners on E Wing are held separately from other prisoners at HMP/YOI Downview and can only access the wider prison’s regime where this is supervised by staff and has been risk-assessed to ensure safety.
The Karen White Scandal’s Long Shadow
The E Wing unit was hastily established in 2019 following the Karen White scandal, which shocked the nation and exposed the dangers of housing male-bodied prisoners in women’s facilities. White, a transgender prisoner who had been remanded to the female estate whilst awaiting trial for multiple rape charges, sexually assaulted two female inmates at HMP New Hall in West Yorkshire.
The 16-cell unit, previously known as the Josephine Butler Wing, had been used to house young female offenders before being repurposed. According to official policy documents, the unit was intended for “transgender women holding Gender Recognition Certificates who have been assessed as presenting a high risk of harm to other women in custody where the risk cannot safely be managed on normal location within the Women’s Estate.”
Critics argue that the very existence of the unit acknowledges the danger posed by some transgender prisoners to women, yet the government continues to house them within the female estate rather than in male facilities.
Risk Assessment Failures
Keep Prisons Single Sex, a campaign group supporting female inmates, has obtained documents revealing serious flaws in the risk assessment process for transgender prisoners. The group points out that the risk assessment tool used for adult men convicted of sexual offences is not applied to males with Gender Recognition Certificates because they are recorded as female.
Our suspicion is that ‘unmanageable risk’ needs to be demonstrated through cumulative incidents of assault against women in prison,” the organisation stated, suggesting that women must be harmed before action is taken.
The prison’s independent monitoring board has described E Wing as “toxic” and “full of drama”, with some prisoners staying in their rooms to avoid conflict and bullying, whilst others resort to self-harm. The report provides a rare glimpse into conditions within the controversial unit, about which very little information is publicly shared.
The Isla Bryson Case
The transgender prisoner debate returned to headlines following the case of Isla Bryson, previously known as Adam Graham, who raped two women in 2016 and 2019. Bryson was charged and first appeared in court in 2019 under the name Adam Graham, coming out as transgender in 2020 before being convicted in 2023.
The case sparked outrage when Bryson was initially placed in a women’s prison before being moved to a male facility following public backlash. Several transgender women were removed from E Wing at Downview in the wake of the Bryson controversy, though the unit remained operational.
Supervised Activities Raise Concerns
Despite claims of separation, the Ministry of Justice has confirmed that transgender prisoners may join supervised activities with female inmates “in some circumstances” after what officials describe as “rigorous local risk assessments.” All prisoners during these activities are supposedly supervised by prison staff.
However, the prison’s own monitoring board has contradicted these assurances, finding that staff shortages make proper supervision impossible. This revelation has intensified concerns about the safety of female prisoners who may be forced to interact with biologically male inmates during education, religious services, and social activities.
Fair Play for Women, which obtained the E Wing policy documents through Freedom of Information requests, revealed that placement at the unit “is not intended to be permanent” and that prisoners should be “assisted in progressing back into the wider female estate.” This policy goal directly contradicts the Supreme Court’s ruling on sex segregation.
Government Review Promised But Not Delivered
The Ministry of Justice spokesman acknowledged: “The vast majority of trans women in prison are in men’s prisons and we are reviewing our transgender prisoner policy in light of the Supreme Court ruling.” However, no timeline has been provided for this review, and no concrete action has been taken five months after the landmark judgment.
The Equality and Human Rights Commission issued updated guidance following the Supreme Court ruling, stating that “trans women (biological men) should not be permitted to use the women’s facilities” as this would mean they are no longer single-sex facilities. The guidance explicitly stated that the judgment has implications for many organisations, including prisons.
Sex Matters, a charity that successfully intervened in the Supreme Court case, has been clear that the judgment puts it “beyond doubt that the Equality Act requires that where single-sex services are provided this is on the basis of biological sex.
Political Pressure Mounting
The case has become a test of the Labour government’s commitment to women’s rights, with critics arguing that David Lammy’s inaction represents a betrayal of female prisoners. Shadow Justice Secretary Robert Jenrick and other Conservative MPs have been vocal in demanding immediate action to implement the Supreme Court’s ruling.
The Supreme Court itself noted that its ruling “does not remove protection from trans people” as they remain protected from discrimination on grounds of gender reassignment. However, it was unequivocal that sex-based rights and protections apply only to biological women.
As the standoff continues, vulnerable female prisoners – many of whom are victims of male violence and sexual abuse – remain housed alongside biologically male inmates in what campaigners describe as a clear violation of their rights and safety. With the government’s review showing no signs of completion and no timeline for action, the question remains: how much longer will ministers defy the Supreme Court’s clear ruling on sex segregation?
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Image Credit:
HMP Downview — photo by Gwennie, CC BY-SA 2.0.
