Transgender prisoners stay in women’s jail after Supreme Court ruling as Lammy faces pressure

Transgender prisoners remain in the women’s jail after a Supreme Court ruling on biological sex, as activists press Justice Secretary David Lammy to remove inmates from Downview’s female estate. The unit, E Wing, currently houses five transgender inmates who have legally changed sex and is isolated from the main female population.

Inspectors found there is no longer one-to-one supervision when transgender inmates mix with female prisoners for education, religious services or social visits at HMP Downview in Surrey. The Ministry of Justice said E Wing is a separate unit for transgender prisoners, isolated from the main female population and only accessed under exceptional circumstances following robust risk assessments and direct supervision. The vast majority of transgender women in prison are held in men’s prisons, and officials said they are reviewing their transgender prisoner policy in light of the Supreme Court ruling.

E Wing was set up in 2019 to accommodate transgender women deemed too high-risk to be held in the women’s estate but who may be at risk from male prisoners. Under reforms introduced by the Conservative government in 2023, trans women who have male genitalia or who have committed sexual or violent offences can no longer be housed in female prisons.

Rebecca Paul, Conservative MP for Reigate, told the Mail she wants Lammy to act: removing 'all biological males from women’s prisons' would be lawful and responsible, she argued, amid safety concerns for vulnerable female inmates. She described the unit as a 'clear breach' of single-sex provisions in the Equality Act and warned that staff supervision has deteriorated.

Lammy’s approach to single-sex spaces has drawn criticism. In a 2021 exchange during the height of the gender‑identity policy debate, he invoked the phrase that campaigners on both sides were 'dinosaurs' who wanted to 'hoard rights' and later suggested that it was not accurate to say only women can have a cervix. When asked about the Supreme Court judgment on biological sex, he indicated his priority was protecting trans people’s safety and wellbeing while not explicitly endorsing a narrow definition of woman.

Helen Joyce of the women's rights charity Sex Matters said Lammy’s response shows a blind spot on women’s sex-based rights and warned that a strong emphasis on trans-identifying people could erode protections for women. A Ministry of Justice spokesman reiterated the policy stance: E Wing remains a separate unit with access limited to exceptional circumstances after rigorous risk assessments and direct supervision. Officials stressed that the majority of transgender women in custody are currently placed in men’s prisons and that the department is reviewing its policy in light of the Supreme Court ruling.

The government has signaled that policy changes could follow the court decision, with Lammy emphasizing that while single-sex spaces must be protected, trans people must also be protected. Correspondence obtained by this newspaper shows he told constituents concerned about women’s rights: 'Ministers have stated that while single-sex spaces must be protected, it is important to emphasise that trans people must also be protected. They must retain clear protections in law and should be able to live their lives free of harassment and discrimination.'