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Revised Policy on Strip Searches for Transgender Women by British Transport Police
Following a significant Supreme Court judgment, British Transport Police (BTP) has updated its policy regarding strip searches of transgender women detained on Britain’s railways. Under the revised policy, transgender women will now be strip-searched by male officers, a change implemented in response to the ruling which clarified the legal definition of “woman.” This update marks a shift from previous guidelines and aligns with the court’s interpretation of the Equality Act 2010.
Shift to Biological Birth Sex for Same-Sex Searches
The British Transport Police stated that same-sex searches in custody will be conducted “in accordance with the biological birth sex of the detainee.” This new guidance for public bodies supersedes the previous policy which considered gender recognition certificates.
Previous Policy and Gender Recognition Certificates
Previously, BTP officers were instructed that individuals in custody holding a gender recognition certificate would be searched by an officer matching their affirmed gender. This protocol is now under revision in light of the Supreme Court ruling.
Supreme Court Ruling on Definition of “Woman”
The UK Supreme Court judges unanimously ruled on Wednesday that the legal definition of a woman within the Equality Act 2010 does not encompass transgender women, even those possessing gender recognition certificates. This ruling prompted the BTP to reassess its search procedures.
BTP Statement on Policy Update
A BTP spokesperson stated that under the former policy, individuals with gender recognition certificates could be searched according to their affirmed sex. However, as an interim measure following the Supreme Court judgment, officers have been directed to conduct same-sex searches based on the “biological birth sex” of the detainee.
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The spokesperson added, “We are currently reviewing the implications of the ruling and will consider necessary updates to our policies and practices to ensure compliance with the law and national guidance.”
Legal Challenge and Gender-Critical Campaigners
This policy revision occurs amidst an ongoing legal dispute between gender-critical campaigners and the BTP concerning its previous guidance. The earlier policy allowed transgender officers with gender recognition certificates to conduct intimate searches of women.
Specifically, trans women on staff, holding gender recognition certificates, were permitted to strip-search women under the now-revised guidelines.
Reactions to the Policy Change
Sex Matters’ Perspective
Maya Forstater, chief executive of the human rights charity Sex Matters, welcomed the BTP’s policy shift, stating it indicated the significant impact of the Supreme Court judgment. Sex Matters had previously argued that the BTP’s former policy was unlawful, highlighting that it permitted male officers with gender recognition certificates to search female detainees, including strip searches, and conversely, expected female officers to search male detainees identifying as women.
Forstater added, “This policy was rooted in demands from the trans lobby, neglecting fundamental human rights of women. Female officers we interviewed reported feeling pressured to search men claiming to be women, experiences they described as humiliating and degrading.”
BTP and Sex Matters’ Spokespersons
A BTP spokesperson confirmed the ongoing judicial review, precluding further comment. A spokesperson for Sex Matters has been contacted for additional remarks.
National Police Chiefs’ Council and Broader Implications
Following criticism in January, the National Police Chiefs’ Council had already suspended similar guidance that allowed trans women to conduct intimate searches of women.
Updated guidance for all public bodies, in the wake of the Supreme Court ruling, is anticipated by the summer, according to the head of the equalities regulator.
Equality and Human Rights Commission’s Response
Kishwer Falkner, chair of the Equality and Human Rights Commission, described the ruling as “enormously consequential.” Speaking on BBC Radio 4’s Today programme, she announced plans for a new statutory code of practice, emphasizing its legal weight. “We’re hoping we’re going to have that by the summer,” she stated.
Falkner clarified that the ruling would provide “clarity” that trans women could not participate in women’s sports or use women-only facilities. She also emphasized the need for the NHS to revise its guidance on single-sex wards based on biological sex.
When asked if the Supreme Court ruling represented “a victory for common sense,” Falkner responded, “Only if you recognise that trans people exist, they have rights and their rights must be respected. Then it becomes a victory for common sense.”
She concluded, “It’s not a victory for an increase in unpleasant actions against trans people. We will not tolerate that. We stand here to defend trans people as much as we do anyone else. So I want to make that very clear.”