FWS vs Scottish Ministers Judicial Review of Prison Policy

Feb 03, 2026

For Women Scotland (FWS) have petitioned for a judicial review of the Scottish Prison Service Policy for the Management of Transgender People in Custody. The position of FWS is based on the following propositions:

The Scottish Ministers (are statutorily obliged to provide women-only prison accommodation, separate and distinct from that provided for male prisoners.
to fulfil this duty the Scottish Ministers are obliged to ensure no men are incarcerated with women, and the definition of men and women flows from the Supreme Court decision of April 2025 that defined men and women.
the current policy (linked above) assumes that some male prisoners claiming the protected characteristic of gender reassignment are to be treated as women and housed in the female estate.

The judicial review is being heard over three days - 3-5 February 2026 in the Court of Sessions in Scotland.

Live tweet threads

3rd February 2026 - morning part one and part two, afternoon

4th February 2026 - morning part one and part two, afternoon

5th February 2026 - morning part one and part two, afternoon

Abbreviations

FWS/P - petitioners, For Women Scotland

SM/R - respondent, Scottish Ministers

AO - Aidan O’Neill KC for petitioners

TC - Tony Convery, Advocate for petitioners

GM - Gerry Moynihan, KC for respondent

LI - Lesley Irvine, advocate for respondent

J - Judge - Lady Ross

SHRC - Scottish Human Rights Commission, 1st Intervenor, counsel being:

KB - Kenny McBrearty KC, and

RB - Rachel Breen

EHRC - Equality & Human Rights Commission, 2nd Intervenor, counsel being:

JS - Janys Scott KC and

DA - David Anderson

SPS - Scottish Prison Service

EA - Equality Act (2010)

HR(A) - Human Rights (Act) (1998)

SC - Supreme Court (UK)

ECHR - European Court of Human Rights

PC - Protected characteristic

GR - Gender reassignment

GI - Gender identity

M - Man or male

F - Female

W - Woman

TW - Transwoman (a male who identifies as a woman) TiM - trans-identified male, aka MtF - male-to-female transgender

NTW - Non-transgender woman

GRC - Gender recognition certificate

TM or TiF - Transman (a female who ID's as a man)

SS(S) - Single sex (space)

RA - Risk assessment

ETBB - Equal Treatment Bench Book

CPT - (European) Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment

PG - Prison’s Guidance

EHRIA - Equality and HR Impact Assessment

PSED - Public Service Equality Duty

PA - Prisons (Scotland) Act

PYOIR - Prisons & Young Offender Institutions Rules (2011)

TCC - Trangender Case Conference (process)

CCIA - Case Conference for Initial Assessment

CR - Convention Rights (within the European Convention on Human Rights (ECHR))

Art - Article within the European Convention on Human Rights (ECHR)

Sch - Schedule

Documents

Note of argument and written submissions - For Women Scotland

Note of argument and written submissions - Scottish Ministers

Press Coverage

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