Prisons need to be more flexible and proactive in managing
transgender prisoners, based on their individual needs and
circumstances, so that they can live safely, said Prisons and
Probation Ombudsman (PPO) Nigel Newcomen. Today he published a
bulletin on lessons that can be learned from his
investigations.
The bulletin draws on recommendations from investigations into
deaths in custody, as well as complaint investigations. It
identifies six lessons from past cases that aim to protect
transgender prisoners better from bullying and harassment and to
support transgender prisoners better to live in their gender
identity while in prison. It is difficult to estimate precisely
how many serving prisoners are transgender, but while the number
is growing, it is still relatively small – approximately 80.
Nearly all of the complaints received, and deaths investigated
(five between 2008 and August 2016) were related to
transgender female prisoners, nearly all of whom were housed in
the male estate.
Prisons house male and female prisoners separately, and will
usually distinguish gender based on that which is recognised by
law. According to the Gender Recognition Act 2004, proof of
gender is determined either by the person’s birth certificate, or
a gender recognition certificate (GRC). The process for obtaining
a GRC is complex. Because of the process and the cost involved,
because of the symbolism, or because it can have implications for
existing marriages, many transgender people choose not to obtain
a certificate. Most transgender prisoners are, at least upon
first arrival in prison, housed according to the gender they were
assigned at birth.
The regulations that guide the care and management of transgender
prisoners in England and Wales are found in a
Prison Service Instruction (PSI), issued in November 2016. Many
of the lessons outlined, and many of the recommendations
previously made by the PPO, are reflected in the new PSI.
Previous research has shown there is a greater prevalence of
mental health concerns and risk of suicide in the transgender
population. When a person enters prison, they leave behind what
support they had in the community. The prison environment can be
particularly difficult for transgender prisoners, exacerbating
existing vulnerabilities.
The bulletin highlights the need for:
- evaluating the location of a transgender prisoner based on an
individual assessment of their needs and considering the
possibility of them residing in the estate of their acquired
gender;
- all relevant people involved in a transgender prisoner’s care
attending ACCT case reviews (for those deemed at risk of suicide
or self-harm);
- meaningfully investigating all allegations of transphobic
bullying and harassment and taking steps taken to challenge and
prevent it;
- personal officers having regular, meaningful contact with
transgender prisoners, staff being aware of their vulnerabilities
and challenging inappropriate behaviour;
- local policies to be in line with national guidance and not
imposing unfair additional restrictions; and
- reasonable adjustments being made for transgender prisoners
to help them to live in their gender role.
Nigel Newcomen said:
“My office has historically received few complaints from
prisoners identifying themselves as transgender, and,
fortunately, has investigated relatively few deaths of
transgender individuals in custody. However, more recently, these
numbers have been climbing. Last year, in quick succession, two
transgender women tragically took their own lives while in
custody. A third transgender woman is thought to have taken her
own life in November 2016, and a fourth in December 2016.
“Prisons are always difficult environments, never more so than in
recent months, but they have a fundamental responsibility to keep
prisoners safe and to protect and support those with particular
vulnerabilities. Transgender prisoners are among the most
vulnerable, with evident risks of suicide and self harm, as well
as facing bullying and harassment.
“This bulletin also coincides with a long-awaited review of the
Prison Service Instruction (PSI) that governs the care and
management of transgender prisoners. This PSI reflects the
appropriately heightened awareness of transgender issues in
prison - and in society as a whole.”
- ENDS -
NOTES TO EDITORS
- A copy of the report can be found on our website from
10 January 2017. Visit www.ppo.gov.uk.
- The PPO investigates all deaths in prison, to examine
the circumstances surrounding the death and establish whether
anything can be done to help prevent avoidable deaths in the
future. The PPO investigates complaints made by prisoners to
understand what happened and correct injustices when found.
- Oral evidence given to the Women’s Equality Committee in the
House of Commons, in October 2015 places the number of
transgender prisoners at 80.
