| "Decisions must be informed by all available evidence and intelligence in order to achieve an outcome that balances risks and promotes the safety of all individuals in custody as set out below | 4 The condition is that— a a joint service for persons of both sexes would be less effective, and b the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services |
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| … 6 A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination … … 31 Interpretation and exceptions … 3 A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function | 10 Aug 1995 Trial Chamber Orders• making and reviewing executive decisions regarding the management of financial resources and organisation of sporting competitions; and• Ground 2: the Defendant, in formulating the policies, failed to take into account a material consideration, namely the exemptions for single sex accommodation and provision of services under the Equality Act 2010, and the policies are unlawful because they therefore misstate the law |
17 Jul 2008 President's Orders• In addition, where a transgender woman with a GRC is placed in the women's estate, all known or likely risks she may pose to other women in the estate should be managed, with use of separate accommodation where appropriate.
| 2 The matters are — a the provision of separate services for persons of each sex; b the provision of separate services differently for persons of each sex; c the provision of a service only to persons of one sex | The only exceptions are when allocation decisions are approved by a Prison Group Director or the Community Interventions Deputy Director via a Complex Case Board … |
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| 14 complainant to show that he has suffered an adverse impact as a result of the conduct": see R Akbar v Secretary of State for Justice [2020] HRLR 3 at [69] |
i The policies amount to a relevant provision, criterion or practice "a PCP".
| As we exclude prisoners with GRCs from central lists, we do not have a ready list of people with a GRC, and as a result we do not centrally record how many people have a GRC | … 149 Public sector equality duty 1 A public authority must, in the exercise of its functions, have due regard to the need to — a eliminate discrimination … and any other conduct that is prohibited by or under this Act; b advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; c foster good relations between persons who share a relevant protected characteristic and persons who do not share it |
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| Less intrusive ways of achieving the legitimate aim of caring for and managing transgender women prisoners include a incorporating a test of proportionality, not exceptionality, for allocating high risk transgender women prisoners away from the female estate; b carrying out a risk assessment before initial allocation to the female estate of a transgender woman with a GRC; or c adopting a presumption that high risk transgender women prisoners with convictions for violent and sexual offences against women should not be accommodated in the female estate | Governance The FIA has a clear structure with its duties separated into reviewing, enacting and enforcing sporting rules, promoting accessible, sustainable and safe mobility for all, taking executive decisions and resolving disputes |
"… are required to be located in the women's estate because they hold Gender Recognition Certificates GRC and are legally female.
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