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A judicial review began at Scotland’s Court of Session on Feb. 3–4, 2026, as campaign group For Women Scotland (FWS) seeks to overturn Scottish Prison Service (SPS) guidance that permits some transgender women to be housed in the female estate following individual risk assessments.
FWS, represented by Aidan O’Neill KC, argues the policy conflicts with last year’s UK Supreme Court ruling that ‘‘woman’’ in the Equality Act refers to biological sex and risks placing violent biological males among vulnerable female prisoners.
Scottish ministers contend a blanket rule would breach human rights obligations (ECHR/Human Rights Act) and that individualised assessments — informed by safety and suicide-risk evidence — are needed.
The Equality and Human Rights Commission (EHRC) and the Scottish Human Rights Commission (SHRC) have both intervened: the EHRC warned the guidance could produce ‘‘mixed‑sex provision,’’ while the SHRC said outcomes depend heavily on circumstances.
The SPS says there were 19 transgender inmates as of June 2025 and that about 80% have been accommodated in estates matching biological sex.
The hearing, before Lady Ross, is scheduled for multiple days and follows public controversy including the Isla Bryson case.














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