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<p>The Ministry of Justice and Her Majesty’s Prison and Probation Service take the
allocation of transgender prisoners very seriously. Prisoners are allocated to prisons
initially according to their legal gender, which for the vast majority will be their
sex recorded at birth. Decisions to locate differently, at any point during a sentence,
are made on a case-by-case basis by a Complex Case Board - an expert multi-disciplinary
panel chaired by a senior operational manager in HMPPS with specialist training.</p><p>
</p><p>According to our latest data collection, over 90% of transgender prisoners
are held in a prison matching their legal gender.</p><p> </p><p>The Equality and Human
Rights Commission's new guidance will not affect our approach, which was recently
judged by the High Court to be reasonable and proportionate, and therefore lawful.</p>
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