Guidance on the Care and Management of Transgender Prisoners

Request 757740488 

The UK Supreme Court ruled on 16 April 2025 to clarify that the definition of sex in the Equality Act (2010) means biological sex.  

In June 2025, the Jersey and Guernsey Law Review June 2025 published an article concluding that Jersey should be applying the UK Supreme Court ruling here. This is a significant and important development with far-reaching consequences for Jersey policy and practice.  

I have contacted all Jersey government departments with guidance which currently does not comply with the UK Supreme Court. One has already responded confirming that their guidance has been updated to reflect the UK Supreme Court ruling on the basis of advice from the Law Officers’ Department.   

The Guidance for which Justice and Home Affairs is responsible: “Guidance on the Care and Management of Transgender Prisoners” (December 2023) is non-compliant with the law. 

This includes the following:   

1. Location within the Estate based on legal gender (Section 5, p. 5; Addendum, p. 6-8)  

2. Searching based on legally recognized gender (Section 7, p. 6; p. 8)  

3. Permitting living in acquired gender role (Section 4, p. 4) *.  

* Permitting prisoners to live in their acquired gender, including in opposite-sex estates, without prioritizing biological sex, violates the EA 2010’s biological sex framework for sex-based provisions.  

4. Change of name and title Recognition (Section 6, p. 5)  

5. Compelled pronouns use and avoiding misgendering (Addendum, p. 7)  

6. Recording legal gender in case administration systems (Addendum, p. 6-7; Annex A, p. 10)  

1. Please provide copies of any internal correspondence, reports, memoranda, or meeting inutes produced or received by the Justice and Home Affairs department between 16 April 2025 and the present that discuss, assess, or acknowledge the need to revise the Guidance on the Care and Management of Transgender Prisoners (December 2023) to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Jersey and Guernsey Law Review (June 2025) article, or advice from the Law Officers’ Department (LOD) regarding compliance with this ruling.  

2. Please provide any records, including but not limited to meeting minutes, project plans, correspondence with the Law Officers’ Department, internal briefings, or working group documents, created or received by the Justice and Home Affairs department between 16 April 2025 and the present, that detail actions, plans, or discussions undertaken to review or revise the Guidance on the Care and Management of Transgender Prisoners (December 2023) in response to the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.  

3. Please provide a copy of any updated version of the Guidance on the Care and Management of Transgender Prisoners (December 2023) held by the Justice and Home Affairs department as of the date of this request.  

4. Please provide copies of any documents, such as project plans, timelines, correspondence, or meeting minutes, held by the Justice and Home Affairs department as of the date of this request, that outline the planned timeline or schedule for revising the Guidance on the Care and Management of Transgender Prisoners (December 2023) to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.  

Response 

1. Internal correspondence, reports, memoranda, or meeting minutes  

The Justice and Home Affairs Department holds no internal correspondence, reports, memoranda, or meeting minutes produced or received between 16 April 2025 and the present that discuss, assess, or acknowledge the need to revise the Guidance on the Care and Management of Transgender Prisoners (December 2023) in light of the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, or any related advice from the Law Officers’ Department.  

In relation to whether the Department or the States of Jersey Prison Service are required to amend local policy because of the UK Supreme Court’s decision, it should be noted that this ruling has no direct legal effect in Jersey. Jersey is a separate legal jurisdiction, and the Judicial Committee of the Privy Council is the Island’s final appellate court.  However, rulings of the UK Supreme Court may be considered persuasive, particularly where they relate to principles of equality, human rights, or administrative fairness which are also reflected in Jersey law. While there is no binding legal obligation to revise local policy in response to this judgment, the decision may inform any future policy reviews to ensure continued compliance with recognised human rights standards and good practice.  

2. Records of actions, plans, or discussions 

 The Department holds no records, including meeting minutes, project plans, correspondence, or internal briefings, that detail actions, plans, or discussions undertaken to review or revise the Guidance on the Care and Management of Transgender Prisoners (December 2023) in response to the For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 ruling.  No further policy changes or reviews have been initiated to date.  

3. Updated version of the Guidance  

There is no updated version of the Guidance on the Care and Management of Transgender Prisoners (December 2023) currently held by the Department.  No amendments or revisions have been made since its publication. 

4. Project plans, timelines, or schedules for revision  

The Department holds no documents, project plans, timelines, correspondence, or meeting minutes that outline a planned timeline or schedule for revising the Guidance on the Care and Management of Transgender Prisoners (December 2023) to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.  As stated above, the ruling has no direct legal bearing on Jersey law or policy, and there is no legal requirement or obligation for Jersey to review or amend its prison policy based on the outcome of that case. Nonetheless, the Department will continue to monitor relevant legal and policy developments in other jurisdictions to ensure that local practice remains consistent with international human rights obligations and best practice. In summary, no information is held falling within the scope of your request. The UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 does not impose any direct legal obligation on Jersey to review or amend its prison guidance or policy. Any future review of the Guidance on the Care and Management of Transgender Prisoners will be undertaken as part of the Department’s ongoing policy development and oversight processes.