The Scottish Government has confirmed it will not appeal a Court of Session ruling that led to the withdrawal of guidance governing the management of transgender people in Scotland’s prisons.
The decision follows Lady Ross’s judgment in a judicial review concerning the Scottish Prison Service Policy for the Management of Transgender People in Custody and its associated operational guidance.
Ministers say they have carefully considered the ruling and will now focus on implementing the law as clarified by the court while ensuring the safety and wellbeing of everyone living and working within Scotland’s prison estate.
The announcement marks the latest chapter in a debate that has attracted significant public and political attention, raising questions about legal obligations, human rights, prison safety and the practical management of prisoners.
Justice Secretary Neil Gray confirmed that the Scottish Government had decided not to challenge the judgment.
Mr Gray said:
“Following careful consideration of Lady Ross’s judgment, we accept the ruling and have decided not to appeal.
“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.
“The Scottish Government frequently has to make difficult decisions which balance the different interests and rights of individuals, often in complex situations, and this was one such situation.
“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.
“The Scottish Prison Service withdrew their Transgender Policy yesterday, and work is underway to implement transfers of prisoners today.
“The safety, wellbeing and rights of all those living and working within Scotland’s prisons and the welfare of affected individuals will be the primary consideration and operational changes will be taken forward carefully, lawfully and in a managed way.”
The Scottish Prison Service formally withdrew its transgender policy on 22 June and work began on 23 June to implement prisoner transfers required as a result of the ruling.
In a statement to the Scottish Parliament, Mr Gray said the case had involved considerations under the Scotland Act 1998, the Equality Act 2010 and the European Convention on Human Rights, alongside operational concerns highlighted during the court proceedings.
The Government says its priority will now be ensuring that any changes are implemented carefully and lawfully while maintaining the safety, welfare and rights of prisoners and prison staff.
The decision not to appeal means Lady Ross’s judgment will stand and the focus will now shift from the courtroom to the practical implications of how Scotland’s prison system operates under the clarified legal position.
