Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many biologically male prisoners were held in E Wing of HMP Downview as at 1st February 2026.
Answered by Jake Richards - Assistant Whip
As of 1 February 2026, seven biologically male prisoners were being held on E Wing.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what consideration his Department has given to the potential merits of allowing inquests into the death of a child by suicide to be conducted in private.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
As I confirmed in my response the Honourable Member’s question on this issue on 23 July 2025 (Written questions and answers - Written questions, answers and statements - UK Parliament), the Government is committed to putting the bereaved at the heart of the inquest process, and we are particularly conscious of the importance of this for those who have suffered the unimaginable distress of losing a child through suicide.
However, in line with the principle of open justice - which applies in all courts including the coroner’s court - it is important that justice is administered in public, that everything said in court is reportable, and that any departure from this approach is closely regulated.
Accordingly, there are strict limitations on the coroner’s powers to sit in private, to withhold the names of witnesses or Interested Persons, or to prevent the reporting of matters heard in court. In particular, the public and media may only be excluded from an inquest hearing in the interests of national security.
Chapter 8 of the Chief Coroner’s Guidance for Coroners on the Bench (Chapter 8: Open Justice - Courts and Tribunals Judiciary) provides guidance for coroners on the principle of open justice and the application of any statutory powers to depart from it.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance his Department provides to county courts on (a) the verification of documents submitted in support of Mental Health Breathing Space applications and (b) instances in which concerns have been raised that such documents may be forged or fraudulent.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
When a Breathing Space is cancelled, the creditor will be automatically notified by the Insolvency Service. They should provide a copy of this notification to the county court when they apply for any further enforcement action.
The decision on whether someone enters a Breathing Space Moratorium is not initially determined by the court but by a debt advice provider authorised by the Financial Conduct Authority or by a local authority (where they provide debt advice to residents). For a Mental Health Breathing Space, an Approved Mental Health Professional must certify that a person is receiving mental health treatment. If a creditor disagrees with a notification, there are grounds under which they can ask the debt advisor for a review. After a review, if the creditor does not agree with the decision, they can then apply to the court to cancel the breathing space.
If a creditor who has applied to the court is concerned about the validity of documents supporting a Mental Health Breathing Space, they should include supporting evidence as to why the documentation may be invalid in their application, verified by a statement of truth. Such applications are treated as a Part 8 claim by the court. The evidence will be considered by a judge who will make the decision.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he plans to take to help ensure that county courts update their records to reflect the cancellation of Breathing Space certifications.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
When a Breathing Space is cancelled, the creditor will be automatically notified by the Insolvency Service. They should provide a copy of this notification to the county court when they apply for any further enforcement action.
The decision on whether someone enters a Breathing Space Moratorium is not initially determined by the court but by a debt advice provider authorised by the Financial Conduct Authority or by a local authority (where they provide debt advice to residents). For a Mental Health Breathing Space, an Approved Mental Health Professional must certify that a person is receiving mental health treatment. If a creditor disagrees with a notification, there are grounds under which they can ask the debt advisor for a review. After a review, if the creditor does not agree with the decision, they can then apply to the court to cancel the breathing space.
If a creditor who has applied to the court is concerned about the validity of documents supporting a Mental Health Breathing Space, they should include supporting evidence as to why the documentation may be invalid in their application, verified by a statement of truth. Such applications are treated as a Part 8 claim by the court. The evidence will be considered by a judge who will make the decision.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many transgender young people are currently held in mixed gender settings within the Children and Young People Estate at HMP & YOI Downview.
Answered by Jake Richards - Assistant Whip
HMP & YOI Downview is not part of the Children and Young People Estate. No children or young people are accommodated there.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many sexual assaults of female prisoners by biologically male prisoners took place in HMP Downview in (a) 2016, (b) 2017, (c) 2018 and (d) 2019.
Answered by Jake Richards - Assistant Whip
There were no recorded sexual assaults of female prisoners by biologically male prisoners at HMP & YOI Downview, during the specified periods.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what decisions his Department has made on the (a) scope and (b) timeline of the review of transgender prisoner policy following the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers.
Answered by Jake Richards - Assistant Whip
We are reviewing transgender prisoner policy following the For Women Scotland Supreme Court ruling. Alongside this, the Office for Equality and Opportunity is currently reviewing the Equality and Human Rights Commission’s draft updated Code of Practice on single sex spaces.
If the Code is approved, it will be laid before Parliament in due course. We are working closely with the Office for Equality and Opportunity on this, and will come forward with our updated policy on transgender prisoners once this process has concluded.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what criteria his Department uses to determine placement of transgender young people within the Children and Young People's Estate.
Answered by Jake Richards - Assistant Whip
I refer the hon. Member to the answer I gave on 4 November 2025 to Question 85613.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to page 8 of the Independent Monitoring Board's report entitled Annual report of the Independent Monitoring Board at HMP/YOI Downview, published on 3 September 2025, when he plans to respond to the questions on the main areas for development.
Answered by Jake Richards - Assistant Whip
My noble friend Lord Timpson wrote to the Chair of the IMB on 27 October 2025, setting out the Ministry of Justice’s response to the report. It can be accessed at: Downview 2024-25 annual report - ministerial response - Independent Monitoring Boards.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Independent Monitoring Board's report entitled Annual report of the Independent Monitoring Board at HMP/YOI Downview, published on 3 September 2025, what steps he is taking to safeguard biological female prisoners where biological male prisoners are not subject to constant sight and sound supervision by a dedicated prison officer on a one to one basis during shared activities at (a) HMP/YOI Downview and (b) other prisons and (c) other young offenders institutions; and what guidance he intends to issue on this matter.
Answered by Jake Richards - Assistant Whip
Prisoners on E Wing are held separately from other prisoners at HMP & YOI Downview. They may only access the regime of the wider prison if risk assessed as being safe to do so, and under the supervision of prison staff.
Transgender prisoners at all prisons are subject to local risk management arrangements. These are determined by the establishment and take into account risks that may be posed by the prisoner and risks they may face from other prisoners. Since policy was strengthened in 2019, there have been no sexual assaults committed by transgender women in women’s prisons.
With regard to the changes to supervision noted in the Independent Monitoring Board’s Annual Report: E wing prisoners continue to be subject to supervision at all times. Following individual risk assessments carried out by the prison, it was determined that additional prison officer supervision was not necessary to manage risk in each case.
In contrast with the adult estate, the Children and Young People Estate includes mixed gender settings. Placement decisions are based on the young person’s identified needs and the risks they may present to themselves and others at the time of placement. Young people who have been identified as transgender will normally be placed in a mixed gender setting, where staff are skilled at safeguarding and supervising boys and girls in the same establishment. If a transgender young person identifying as a girl were assessed as being too high risk for management in a mixed gender setting, that young person would be placed in a male-only part of the estate, where their transgender needs would be supported. A transgender young person identifying as a boy would only be placed in a mixed gender site, not in a male-only establishment.
A review of transgender prisoner policy in the light of the Supreme Court ruling in For Women Scotland Ltd vs. The Scottish Ministers is in progress.