A landmark Supreme Court ruling that the legal definition of a woman under equality law refers to biological sex has sparked concerns that transgender prisoners may face increased risks of violence and abuse in custody.
Tara Hudson, a trans woman who was transferred from a men’s to a women’s prison a decade ago following a public campaign, warned this week that similar cases today could have very different, and dangerous, outcomes. “I fear that a trans woman is going to get seriously hurt,” she said. “There’s far less sympathy now than there was when I went through it.”
The 36-year-old from Somerset was jailed in 2015 for common assault and initially sent to a men’s prison. Following public outcry and over 100,000 signatures on a petition, she was moved to a women’s facility. But in the wake of Wednesday’s Supreme Court decision, she believes others in her position might not be so fortunate.
The ruling allows service providers, including the prison system, to exclude transgender women with Gender Recognition Certificates (GRCs) from single-sex spaces if it is deemed a “proportionate” step. While intended to protect biological women’s rights, critics argue it could leave vulnerable trans women exposed to harm.
“It just feels like a massive step backwards,” said Maya Grantham, senior associate solicitor at Leigh Day. “This ruling won’t affect hundreds of prisoners, but it could gravely affect very vulnerable ones. The male estate is not safe for many of these individuals.”
According to prison service figures for 2023/24, there are currently 295 transgender prisoners in England and Wales. Of these, 244 are housed in men’s prisons and 51 in women’s. Among them, 225 inmates in the male estate identify as transgender women, while 48 in the female estate identify as transgender men.
Only ten prisoners are known to have a GRC – a small number, yet the implications of the ruling loom large. Ms Hudson, who has lived as a woman since early adulthood, recalls the intense pressure she faced while held in a male prison for just one week. “I was a glamour model. I looked very feminine. The pressure I was under from other inmates was something I’d never want anyone to experience.”
She added: “It doesn’t matter how you define sex legally if the reality is that someone who looks like a woman is placed in a male environment where others haven’t seen a woman in years. Things will happen.”
Ms Hudson doesn’t view the issue in black and white. “I think biological women have the right to their own spaces and to feel safe. But that doesn’t mean transgender women should be ignored, forgotten or, worse, thrown under the bus.”
“There’s toxicity on all sides. Nobody’s trying to take it out of the debate. I’m just sad because I was once told I helped push for change – and now I feel that change has gone completely the wrong way.”
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There is currently only one specialist transgender prisoner unit in the UK, located at HMP Downview in Sutton. It houses trans women considered too high-risk for women’s prisons but also vulnerable in male prisons. With limited capacity and rising concerns, campaigners are calling for more such wings.
The government maintains that the ruling brings “clarity and confidence” to providers. A spokesperson said, “This Government remains unwavering in its protection of women.”
Yet, for many, including Ms Hudson, the verdict represents a sobering moment. “Most trans people just want to get on with their lives,” she said. “They don’t want to make a fuss. They want to live in peace.”
She urged the public and policymakers to listen and reflect. “We need to come together. Say: we’re going to do better. Because lives – real, vulnerable lives – depend on it.”
