In this blog, Rachael Atkinson-Millmoor, Inclusion Lead at Catch22, overviews the current guidance surrounding trans people in prison and shares where and why there must be more comprehensive support available for this cohort.
There are challenges for everyone in prison. For trans people, however, these challenges can be exacerbated, often facing a lack of specific support whilst sometimes struggling to maintain their gender identity.
Some of this can be to do with the guidance, resources, support and training available to upskill prison staff in supporting trans people. Indeed, some staff in prisons report feeling unprepared or ill-equipped to support transgender people in custody. Often staff can be unaware of the issues facing transgender prisoners, such as deadnaming or misgendering, complex family situations, high risk of homelessness, and abuse upon release.
Current guidance on transgender prisoners going to gender-specific prisons
In 2023, a new policy for transgender people in prison came into force, in which the Ministry of Justice stated that transgender women with male genitalia will no longer be able to be held in mainstream women’s prisons. This was also extended to cover transgender women who have been convicted of sexual or violent offences.
The new guidance applies to all those who identify as transgender, regardless of whether they have a Gender Recognition Certificate (GRC): a document that recognises an individuals affirmed gender in the UK.
One caveat was that, in exceptional circumstances and with the approval of ministers, exemptions could be made for certain trans offenders. Dominic Raab, who at the time of the release of this guidance was Deputy Prime Minister, stated that “Safety has to come first in our prisoners and this new policy sets out clear, common-sense approaches to the housing of transgender prisoners.”
Indeed, the guidance states that it’s been put in place to promote the safety of women. When met with controversy around the lack of safety for those transgender women in question being held in male prisons, the guidance added that transgender women who cannot be held safely in men’s prisons can be imprisoned in a specialist unit.
In 2016, to decide where trans people are placed in the prison estate, the Prison Service Instructions (PSI) introduced multi-agency ‘Transgender Case Boards’. There are three types of Transgender Case Boards:
- Initial Local Transgender Case Board,
- Local Transgender Review Boards, and
- Complex Case Boards.
The first board considers legal gender, evidence of living in the gender identified with and all known risks. The Initial Board should also “form a local agreement for the initial care and management plan.”
The Local Transgender Review Board reviews these plans and addresses the concerns of the person sentenced. If the case is complicated and the prison needs support in its decision, cases can be referred to a Complex Case Board. This includes people outside the prison, for example the offender manager, a healthcare lead and a regional lead psychologist. The PSI says, “the offender must be provided with an opportunity to participate in and/or make their views known to all Transgender Case Boards”.
What are some of the problems that trans people face in prisons?
Trans people can face many challenges in prisons including a lack of support, exclusion, and discrimination. This can result in trans offenders feeling isolated and distrustful of the criminal justice system.
An article released on May 24th 2024 via the website Inside Time, a national online newspaper for prisoners and detainees, was written by transgender inmate ‘Miss Cyrus’, who is currently housed at HMP Dovegate in Staffordshire. In this article Miss Cyrus states:
“I suffer frequent discrimination as a trans woman in a male prison and things are made even more difficult when I do not feel supported by the equalities department within the prison.”
Miss Cyrus goes on to explain that, as a woman in a male prison, she experiences frequent staring, unwanted sexual advances from other prisoners, bullying and being treated less favourably.
“Why can’t people just treat one another with respect, regardless of who they are?”
How can prisons better support trans people?
There have been steps taken by the government to protect trans offenders. For example, all the trans offenders that go to HMP Leeds are kept on the vulnerable offenders’ wing and have their own cell to limit the risk of harassment or abuse by others.
To better support trans people in prison, there must be dedicated spaces and resource for them. Staff must be trained and equipped to deal with the nuanced experiences that trans people in prison will undoubtedly face. Additionally, supplying individuals with information on and referrals to charities and support services in the community when they are released is essential as part of their resettlement.
To truly support trans individuals in prison, we must go beyond policy and guidance and foster a culture of understanding, respect, and dignity. True justice in our prison system can only be achieved when every individual’s identity is respected and protected.