Controversy Over Transgender Inmates in Scottish Women's Prisons

A judicial review is currently underway at the Court of Session in Edinburgh, examining the Scottish government's policy that permits some transgender inmates to be housed in women's prisons. The campaign group For Women Scotland (FWS) argues that this policy undermines the rights of biological women in prisons and contradicts a recent UK Supreme Court ruling that defined "woman" in equalities law as referring to biological sex alone. Advocate Aidan O’Neill KC, representing FWS, described the policy as "Orwellian," asserting that it treats female prisoners as "pawns" for political gain.

Campaigners challenge Scottish policy on transgender inmates in female prisonsWoman prisoners 'traded as pawns for political gain' by 'Orwellian' Scottish government policy, court toldScottish Labour commits to banning transgender women from female prisons if Anas Sarwar becomes first minister

The Scottish Prison Service (SPS) has reported that as of June 2025, there were 19 transgender inmates, with 80% housed according to their biological sex. O’Neill criticized the policy for allowing biological men convicted of serious violent offenses, including murder, to be placed in women's facilities, which he described as an "ultra-vulnerable population." He questioned the SPS's decision not to create specialized facilities for transgender prisoners, suggesting that the current policy reflects a disregard for women's rights.

Campaigners challenge Scottish policy on transgender inmates in female prisons

Scottish Labour leader Anas Sarwar has pledged to ban transgender women from women's prisons "within days" if elected as First Minister in the upcoming May elections. He emphasized the need for prisons to be "single-sex, based on biological sex," arguing that housing men who have committed sexual or violent crimes against women in women's prisons undermines safety and dignity. Sarwar's commitment follows public outcry over the case of Isla Bryson, a transgender woman who was initially housed in a women's prison after being convicted of two rapes while living as a man.

Scottish Labour commits to banning transgender women from female prisons if Anas Sarwar becomes first ministerWoman prisoners 'traded as pawns for political gain' by 'Orwellian' Scottish government policy, court toldCampaigners challenge Scottish policy on transgender inmates in female prisons

In contrast, the Scottish government maintains that a "blanket rule" regarding the placement of transgender prisoners could violate the rights of some inmates. They argue that decisions should be made based on individual risk assessments to comply with the Human Rights Act and the Scotland Act 1998. The government has stated that there have been no significant operational issues arising from the current policy.

Campaigners challenge Scottish policy on transgender inmates in female prisons

O’Neill's arguments have drawn attention to the potential risks faced by women in prisons, claiming that the policy has led to "gaslighting" among female inmates, who may feel pressured to question their own safety and rights. He accused the Scottish government of prioritizing political considerations over the well-being of vulnerable women. Critics, including members of the Scottish Conservatives, have also targeted Sarwar's past support for gender self-identification policies, suggesting that his current stance is politically motivated.

Woman prisoners 'traded as pawns for political gain' by 'Orwellian' Scottish government policy, court told

• “What is happening here is that women in prison are being treated and used by the Scottish government in this case to be traded as pawns for political gain.” — Aidan O’Neill KC

Campaigners challenge Scottish policy on transgender inmates in female prisons

• “It is simply not right that men who have committed sexual or violent crimes against women can be housed in women's prisons.” — Anas Sarwar

Scottish Labour commits to banning transgender women from female prisons if Anas Sarwar becomes first minister

The judicial review continues, with significant implications for the future of transgender policies in Scotland's prison system.

Campaigners challenge Scottish policy on transgender inmates in female prisons