Deprived of liberty – deprived of rights? Trans people in prison

1. Deprived of liberty – deprived of rights? Trans people in prison Vic Valentine Scottish Transgender Alliance Policy Officer Equality Network vic@equality-network.org

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: 0131 467 6039 • Email: sta@equality-network.org • www.scottishtrans.org • www.facebook.com/scottishtrans.org • @ScottishTrans on twitter