1. Deprived of liberty – deprived of rights? Trans people in prison
Vic Valentine
Scottish Transgender Alliance Policy Officer
Equality Network

2. Starting point
In Scotland, trans people are protected by the Equality Act
However, the EA does allow single-sex services to discriminate against trans people in some ways
Scotland has same legislation as rest of UK – but England and Wales house people based on their “legal gender” – which has led to high profile deaths of trans women in custody in the last year
So we had to convince the Scottish Prison Service why a trans inclusive policy was important

3. Starting point
“We’ve never had any transgender people in our prison. We’ve had a few guys arrive wearing women’s clothes, some of them had even grown breasts, but we just told them to stop that nonsense. This is a men’s prison and they are men really.”
- Line Manager during a meeting with the STA in 2008 around the need for a trans policy

4. How we got the policy agreed to
Trans people in the UK are able to legally change their gender without having genital surgery
A court case in England established that a trans woman who had a Gender Recognition Certificate who had not had genital surgery must be placed in a female prison
This established a starting point for self-determination

5. How we got the policy agreed to
With reference to equality legislation
Minority stress of trans people
Issues around people in custody’s mental health
Lack of safety of being housed in incorrect facilities
Used as a draft until the SPS felt comfortable
Slow process – policy published in 2014 (and meetings began in 2008)

6. How it works: for trans prisoners arriving in custody
Person is placed in the prison which matches their gender identity and their social gender role
No requirement for any particular medical interventions, but do need to demonstrate they have socially transitioned
Outlines searching protocol for staff
Requires them to record how they are treating a trans person, and to hold a case conference within 7 days
Allows trans people in custody to have access to items which help them with gender dysphoria

7. How it works: for trans prisoners coming out in prison
Outlines how decisions should be made about when a person in custody should be moved to different gender facilities
Emphasis placed on safety of all people in custody
Provides guidance for prison service staff on trans issues
Allows for consultation with STA at case conferences/through requests from prison staff
Helps prison staff then focus more holistically on other needs of the person in custody – i.e. wider mental & physical health needs

8. Key Lessons
Cisnormative and heteronormative barriers must be broken down
Justice agencies and particularly prisons are resistant to change
Relationship building is a slow process and often requires other partners
Publishing a policy is the beginning, not the end of the process

9. What could still be improved?
Better communication from prison service to STA
Better inclusion of non-binary people within the policy and practice
Better emotional and practical support for people transitioning in prison
Better privacy within shower facilities in some of the prisons

10. Contact Info:
Scottish Transgender Alliance
Equality Network, 30 Bernard Street, Edinburgh, EH6 6PR
Office:
@ScottishTrans on twitter