Current status: Initiated by the Scottish Government. Answered by Neil Gray on 23 June 2026
To ask the Scottish Government whether it will provide an update on the recent Court of Session judgment in the For Women Scotland v Scottish Ministers case regarding the Scottish Prison Service's Policy for the Management of Transgender People in Custody and associated Operational Guidance.
Following careful consideration of Lady Ross’s judgment the Scottish Government has decided not to appeal.
This case involved important considerations regarding Ministers’ legal obligations under the Scotland Act 1998, the Equality Act 2010 and the European Convention on Human Rights, as well as the serious practical implications arising from the issues before the Court, including the risk of suicide recognised in the judgment.
The focus now moves to implementing the law, as clarified by the court maintaining a clear focus on the safety, wellbeing and rights of all those living and working within Scotland’s prisons. The Scottish Prison Service withdrew their Transgender Policy on 22 June, and work is underway to implement transfers of prisoners on 23 June.
The safety, wellbeing and rights of all those living and working within Scotland’s prisons and the welfare of affected individuals will be the primary consideration and operational changes will be taken forward carefully, lawfully and in a managed way.