Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many safeguarding alerts have been recorded in the last five years involving transgender prisoners placed in the women’s estate.

We have interpreted these Parliamentary Questions as relating to transgender women in the prison estate.

Transgender women with birth genitalia and/or any history of sexual or violent offences – including individuals with a Gender Recognition Certificate – cannot be held in the general women’s estate other than in exceptional circumstances, where an exemption has been granted by Ministers. No transgender women have received such an exemption under this Government.

Placement decisions for transgender prisoners are determined by a Complex Case Board (CCB) - a multidisciplinary panel of experts. Whilst possession of a Gender Recognition Certificate is a consideration, it is one of a range of risk and vulnerabilities that are considered - including offending history and mental health conditions - and does not take precedence. CCBs assess both risk that the individual may face to and from others.

The very small number of transgender women who fail to meet the high-risk threshold we have set for being accommodated in the general women’s estate, but who are too vulnerable to be held in the men’s estate are housed on E Wing at HMP/YOI Downview. They are accommodated completely separately to biological women, in a discrete building behind a gated fence. Despite being on the site of HMP/YOI Downview, E Wing is not part of the general women’s estate, and E Wing prisoners can only access the prison's wider regime under supervision, and where a local risk assessment deems this appropriate.

As of 1 April 2026, fewer than five transgender women were being held in the general women's prison estate. None of these has convictions for sexual or stalking offences. We cannot comment on individual cases.

There have been no assaults or sexual assaults committed by transgender women in the general women's estate in the last five years. The number of safeguarding alerts involving transgender prisoners placed in the women’s estate over the last five years can only be obtained at disproportionate cost.

We are working through the implications of the 2025 Supreme Court ruling on the definition of ‘sex’ in the Equality Act 2010, and the Government is considering the draft updated Code of Practice produced by the Equality and Human Rights Commission. Once this process has been completed, we will confirm any updates to the transgender prisoner allocation policy.