Prison bosses under pressure over fate of UK's only transgender wing
Prison bosses are under pressure to clarify the status of Britain's only dedicated unit for high-risk transgender women inmates after yesterday's momentous Supreme Court ruling that the definition of women is based on biological sex. E Wing at Downview women's jail in Sutton, Surrey is reserved for trans women with a history of sexual or violent offending who are in possession of a gender recognition certificate (GRC) stating their gender as female. But with the Supreme Court deciding that women with a GRC can still be excluded from single-sex spaces if 'proportionate', gender-critical campaigners today called for the eight inmates currently living on the wing to be moved into the male estate. Kellie-Jay Keen, leader of the political party Party of Women, told MailOnline the facility 'breaks the single-sex space that is a women's prison' and called for it to be 'emptied today'. Fiona McAnena, director of campaigns at Sex Matters, agreed that transfers should start 'immediately', arguing that the unit 'took up scarce resources' and was 'distressing' to female prisoners who had 'suffered male violence'. Eight prisoners are currently being housed on E Wing, which was set up in 2019 after trans prisoner Karen White sexually assaulted two female inmates at HMP New Hall in West Yorkshire. The unit has long drawn the ire of activists, who argue it puts female inmates at risk. While it is separated from the rest of the jail, its residents are allowed to mix with the rest of the population for work and education activities.It has a maximum capacity of 16, which remains ring-fenced even at a time when Britain is running out of prison spaces. The specialist unit at Downview women's jail in Sutton, Surrey was opened in 2019 after Karen White - who had male anatomy but identified as female - sexually assaulted two female inmates while on remand at HMP New Hall in West Yorkshire. A convicted paedophile on remand for multiple rapes, White was sentenced to life E Wing at Downview women's jail in Sutton, Surrey is reserved for trans women with a history of sexual or violent offending. Pictured is a general view of the prison Kellie-Jay Keen , leader of the political party Party of Women, told MailOnline the facility 'breaks the single-sex space that is a women's prison' and called for it to be 'emptied today'Downview is unique in Britain for holding trans women in a female prison. In 2023, the rules were changed to prevent trans women with male genitalia, or those who had been convicted of a violent or sexual offence, from being held in the women's prison estate. This means that any trans woman without a GRC will automatically be put in the male estate. Those with a GRC are eligible for E Wing at Downview.Gender-critical activists have previously campaigned against the unit, with Fair Play for Women arguing it had been set up as a 'knee jerk' reaction and risked the 'safety and wellbeing of female prisoners'.A rare insight into what goes on inside the facility was provided by a recent inspection by Downview's independent monitoring board (IMB). This criticised the regime as 'limited and unstructured', adding that inmates were allowed to go in and out of their cells whenever they wanted and spent much of their time watching TV.The board also questioned the 'rationale' at a time of 'general financial constraints' of fitting the unit with an 'energy wall', which is a type of interactive gadget featuring games targeting a range of areas including reaction times, memory, speed and fitness.Despite being installed at vast expense, the IMB noted that the feature was notably unpopular with inmates, who refused to use it. A rare insight into the unit was provided by a recent inspection by Downview's independent monitoring board (IMB). This revealed that it had been fitted with a £10,000 'mood board', despite none of the inmates using it. Pictured is a mood board in a different prison Which prisoners are housed in the Downview trans unit? Currently, trans women with a current or previous conviction for sexual or violent offences will generally be held in a prison which matches the sex they were registered as at birth. This means that an offender who identifies as a woman but has male anatomy will generally be sent to a men's prison. By contrast, Downview is a women's prison, and its trans unit (E Wing) is intended for trans women who have a gender recognition certificate (GRC) that states their gender as female. These women are sometimes held temporarily in men's prisons while their transfer to Downview is being arranged, but the rules state they should be kept separate from the rest of the population. It has been possible to request a GRC even if the applicant has not had any gender affirming surgery or treatments, or do not plan to. 'The Board queries the rationale (in the face of general financial constraints across the prison) for the provision of an ''energy wall'', costing £10,000, for this wing for just three prisoners (and which couldn't then be installed on the wall for some time as required),' the IMB stated in its 2024 annual report. 'The energy wall is not popular with these residents and has not often been used. We question whether it could have been located elsewhere in the prison (where a wider number of prisoners would have had access to it, such as perhaps the gym) or the funds for it could have been used for alternative provision for the particular wing.'Continuing its description of the wing, the board said: 'Certain prisoners were not willing to access the purposeful activity on offer, as they were not prepared to be supervised (sight and sound) in the rest of the prison as mandated. 'For much of the reporting period, the regime on this wing remained limited and unstructured, with activities for most residents confined to cursory cleaning, with significant amounts of attendant television watching, and no enforced lock in. 'There were sporadic efforts at times to improve this by the prison. However, we saw delays in accessing basic provisions to improve the regime (such as cooking utensils and, later, basic cookery skills classes, for example). Downview, which opened in 1989, can hold 356 women prisoners and a small number of young offenders. Its governor is Amy Dixon.Focus on the fate of the jail comes amid broader pressure on the government to step up their protection of other same-sex spaces. The judgment has sweeping implications for public bodies and businesses as the Equality and Human Rights Commission last night said it will 'work at pace' to amend workplace guidance.Governing sports bodies, including the Football Association and England and Wales Cricket Board, have also been warned the judgement opens the door to potential lawsuits from female athletes who have found themselves playing against competitors born male. One of the regular cells at Downview as pictured in a 2011 inspection by HM Inspectorate of Prisons An exercise yard at the prison, which can hold 356 women prisoners and a small number of young offendersThe NHS was one of the first organisations to acknowledge the judgement last night, saying it would reconsider its same-sex ward policies, which currently allow self-identifying trans women to stay on single-sex female wards.The Tories are now demanding the Government amend the Equality Act to 'make clear that sex refers to biological sex' and ensure that organisations have to abide by this.A spokesman for Kemi Badenoch said: 'Sex has always meant biological sex. But what we've seen is a lot of organisations - from the NHS, to local councils, to even schools - misinterpreting the law.'The Supreme Court judgement is great but we need more. The Equality Act should be improved to make clear that sex refers to biological sex, to stop bad faith actors exploiting the lack of clarity.'This was something Kemi called for when she was in government and now she will keep the pressure on Keir Starmer to do the same.'However Sir Keir Starmer is not expected to heed the Tory call to amend the Equality Act, with government sources last night saying they believe the ruling has provided the necessary clarity. No 10 is instead urged hospitals, refuges and sports clubs to follow the ruling.MailOnline has contacted the Ministry of Justice and Cabinet Office for comment.
