Following the UK’s Supreme Court ruling, trans women held in custody by the British Transport Police (BTP) will now be strip searched by male officers, not female.

On Wednesday (16 April) the Supreme Court ruled in a landmark case brought by gender-critical group For Women Scotland against the Scottish government that the the legal definition of a woman excludes trans women and the protected characteristic of ‘sex’ under the 2010 Equality Act refers to biology.

The ruling will have wide-ranging implications for the trans and non-binary community, particularly in regard to how public bodies and organisations operate in relation to issues such as inclusion and single-sex spaces.

In response to the ruling, a spokesperson for the BTP – the force which polices the railway network of England, Wales and Scotland – said it would be taking an “interim position” following the court’s decision.

The spokesperson told Sky News: “Under previous policy, we had advised that someone with a gender recognition certificate (GRC) may be searched in accordance with their acquired sex.

“However, as an interim position while we digest today’s judgment, we have advised our officers that any same sex searches in custody are to be undertaken in accordance with the biological birth sex of the detainee.”

This means trans women detained by the force will now be searched by male officers whilst BTP officers who are trans women will no longer be able to search females in custody.

In the wake of the ruling, the Equality and Human Rights Commission (EHRC) warned the NHS that it will be ‘pursued’ if it does not change its policies on single-sex spaces to reflect the Supreme Court’s decision.

In the press summary for the case it states single-sex services “require a biological interpretation of ‘sex’ in order to function coherently” and “similar confusion and impracticability” had arisen in regards to single-sex associations and charities, women’s sport, public sector equality and the armed forces.

“The practical problems that arise under a certificated sex approach are clear indicators that this
interpretation is not correct,” the summary reads, whilst in the full 88-page judgement it states: “Read fairly and in context, the provisions relating to single-sex services can only be interpreted by reference to biological sex.”

The NHS currently allows trans people to be treated in accordance with their gender, so for example a trans woman patient would be accommodated on the female ward whilst transgender staff are able to use female changing rooms.

EHRC chairwoman Baroness Kishwer Falkner was quoted by the BBC as saying: “We’ve been speaking to the health service for an inordinately long time, we will now be asking them when they will be updating their advice.”

In a separate interview with The Telegraph, Kishwer Falkner said she would “pursue” the NHS on the matter, adding: “We will be having those conversations with them to update that guidance.” 

In response, a spokesperson for the NHS said it would “will consider and take into account all relevant legislation and the Supreme Court ruling”.

Labour health and social care minister Karin Smyth warned public bodies not to make statements “that may alarm people” and instead take their time reviewing the court’s decision and related guidance.

 “Obviously, public bodies have been asked to look at their own guidance,” Smith said.

“And we will do that very, very carefully.”

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