ii In the light of rule 12 of the Prison Rules, accommodation in a mixed-sex environment is not an ordinary consequence of prison life | 2 A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if— a a joint service for persons of both sexes would be less effective, b the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and c the limited provision is a proportionate means of achieving a legitimate aim |
---|---|
This means that transgender women prisoners with GRCs must be treated in the same way as biological women for all purposes | The FIA is structured in line with the principles of good governance and its organisation follows a classic governmental style similar to that of a nation state |
focuses on pre-university educational activities | … 149 Public sector equality duty 1 A public authority must, in the exercise of its functions, have due regard to the need to — a eliminate discrimination … and any other conduct that is prohibited by or under this Act; b advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; c foster good relations between persons who share a relevant protected characteristic and persons who do not share it |
---|---|
Additional structured risk assessments are required before a person is allocated or transferred to part of the estate which does not match their sex assigned at birth, including where a person has gained legal recognition of the gender with which they identify | Governance The FIA has a clear structure with its duties separated into reviewing, enacting and enforcing sporting rules, promoting accessible, sustainable and safe mobility for all, taking executive decisions and resolving disputes |
The policies challenged in this claim:• "But the occasions of a departmental non-statutory publication raising … a clearly defined issue of law, unclouded by political, social or moral overtones, will be rare.
229 state that the author of a pre-sentence report about a transgender individual must consider requesting an adjournment of sentence in order to propose a sentence which takes account of the transgender status | iii The accommodation of transgender women in the women's estate thus introduces a level of risk to women prisoners which does not arise in a population of women |
---|---|
"This Policy Framework is intended to provide staff with clear direction in the support and safe management of transgender individuals in our care, including managing risks both to and from transgender individuals, and enabling risk to be managed when an individual is placed into a prison which is different to that of their legal gender or where a Gender Recognition Certificate GRC has been obtained | In particular, "where a transgender woman is placed in the male estate, any risks posed to her by male prisoners, or vice versa, must be managed |
The date and time for hand-down will be deemed not before 10:30 am Friday 02 July 2021.
21