The Scottish Prison Service has relocated all transgender inmates from women's prisons following a court ruling that sex segregation must be based on biological sex rather than gender identity. SPS deputy chief executive Adam Jobson told Holyrood's Equalities Committee that a small number of transgender prisoners had been transferred, with trans women—biological males who identify as women—now held in men's prisons. According to BBC News, Jobson confirmed there are now "zero biological males within the women's estate".
The transfers comply with a judgment issued in June by Judge Lady Ross, who ruled that prison sex segregation must follow biological sex rather than gender identity. The decision was grounded in a 2025 Supreme Court ruling on the definition of a woman under equality law. The court judgment noted that the statutory scheme requires separate male and female prison accommodation and that segregation must be based on biological sex following the Supreme Court's decision. Justice Secretary Neil Gray had announced in summer that work was underway to comply with the law and relocate prisoners.
The SPS policy that was challenged had been in place since 2014, though the specific guidance at issue was issued in February 2024. The Scottish Government decided not to appeal Lady Ross's ruling, and the SPS withdrew its transgender policy on 22 June 2026. The judicial review had been brought by For Women Scotland, which challenged the SPS guidance that had allowed some biological men to be accommodated in women's prisons.
What safeguarding measures are in place?
Jobson told the committee that transgender prisoners are "absolutely" being treated with respect and that detailed plans for their transfer to male prisons have been implemented. The SPS publishes quarterly figures on the number of people in jails who identify as transgender. However, Green MSP Holly Bruce raised concerns about the impact on women prisoners. She said:
"I do have concerns that there are going to be real risks posed to these women."Bruce also expressed worry about unintended consequences of new guidance on single-sex spaces, noting that gender non-conforming people and cisgender women who present more masculinely could face challenges in public facilities.
How is the new single-sex spaces guidance being implemented?
The Equalities and Human Rights Commission (EHRC) code of practice, which came into force in August, requires single-sex spaces open to the public—such as toilets and changing rooms—to be organised based on biological sex. The code also states that trans people should use either gender-neutral facilities or those matching their biological sex in places such as gym changing rooms or rape crisis centres. The equalities committee is examining how this guidance is being implemented across organisations.
Michael Dickson, chief executive of the Scottish Ambulance Service, told the committee that the NHS is implementing the code "in a way that respects the rights and dignity of all of the people that use our services". However, he warned against what he described as a harmful "political narrative" surrounding the implementation. He said:
"This is a legal ruling. The implementation of the code is an implementation of the code, but there are people affected by values and representations of arguments, and often from leaders, political leaders, that can make this whole situation far more difficult than just dealing with a legal ruling or just dealing with the guidance."Dickson cautioned that the wider public narrative being shaped around the issue could complicate straightforward legal and administrative compliance.
What concerns have been raised about bathroom access?
Holly Bruce reported that constituents had contacted her about being challenged while using bathrooms and leisure facilities in pubs, businesses, and other public settings, despite having the right to use those spaces. One constituent told her they no longer felt safe using the bathroom alone. Committee convener Katie Hagmann cited figures from Stonewall showing that 11% of lesbians in Scotland felt they had been questioned about their sex assigned at birth, a figure that rose to 25% for trans people.
Kirsty Cumming, chief executive of Community Leisure UK, emphasised that there is "no expectation that staff across leisure centres should be policing toilets or policing areas". She said:
"But there are mechanisms in place for people to come forward and speak to staff and to be treated with the dignity that they deserve and would expect from a public service."Cumming stressed the need for staff training to help workers feel confident and empowered to handle situations sensitively while respecting individual privacy and dignity.
What does the court ruling allow for exceptional cases?
Judge Lady Ross acknowledged in her decision that an exceptional case involving a threat to life through suicide might require consideration of opposite-sex accommodation under Article 2 of the European Convention on Human Rights. However, she made clear that this possibility could not support a general policy of housing biological males in women's prisons. The ruling thus establishes biological sex as the standard for prison segregation while leaving narrow room for rare life-threatening circumstances to be assessed individually.
