Scottish Government starts moving trans prisoners after refusing to appeal court ruling

The Scottish government has confirmed it is moving trans prisoners to cells assigned to their sex at birth, as of yesterday (23 June), stating it will not appeal a court ruling that found its transgender prisoner housing guidance “unlawful”.

The Scottish Prison Service (SPS) had previously used individual risk assessments that allowed trans women to be housed within female prisons on a case-by-case basis. This approach had been in place since 2014.

Judge Lady Ross sided with a judicial review brought by the gender-critical group For Women Scotland, ruling that Scottish Prison Service (SPS) guidance allowing trans prisoners to be held in cells that align with their gender identity was unlawful.

“We accept the ruling and have decided not to appeal” – justice secretary Neil Gray complying with the trans prisoner ruling

Her decision followed the April 2025 Supreme Court ruling that settled the legal definition of a woman is based on biological sex.

Justice secretary Neil Gray said the government accepted the ruling and that work was now underway to implement the transfer of prisoners.

Gray said: “Following careful consideration of Lady Ross’s judgment, we accept the ruling and have decided not to appeal.”

Gray called the situation “complex”

“This case involved important considerations of ministers’ legal obligations as well as the serious practical implications arising from the issues before the court, including the risk of suicide recognised in the judgment,” he continued.

Gray called the situation “complex”, adding that the “Scottish Government frequently has to make difficult decisions which balance the different interests and rights of individuals”.

“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,” said Gray.

“Work is underway to implement transfers of prisoners today” – Scottish Prison Service started moving trans prisoners as of yesterday (23 June)

“The Scottish Prison Service withdrew its transgender policy yesterday, and work is underway to implement transfers of prisoners today.”

According to For Women Scotland, the Scottish Government agrees that the trans-inclusive policy “is in conflict with the requirement that prison accommodation be provided separately for men and women”.

Conservative Party leader Kemi Badenoch also spoke out in support of the ruling, writing on X that she was amazed “that this even needed to be done”.

“This was never a left vs right issue but a battle for common sense. And common sense won,” Badenoch wrote.