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4 Mar 21 Back to Listing

Alex Ustych represents the Secretary of State for Justice in Divisional Court case on the management of transgender prisoners

On 2-3 March 2021, Alex Ustych, led by Sarah Hannett (Matrix Chambers), appeared in the Divisional Court (Lord Justice Holroyde and Mr. Justice Swift) in a significant case concerning the management of transgender prisoners. The claimant, FDJ, pursues a judicial review challenge to the Government’s framework for managing transgender prisoners as well as the policy for E Wing at HMP Downview (a specialist unit on the women’s prison estate for high-risk transgender prisoners holding a Gender Recognition Certificate). FDJ argues that these policies do not sufficiently reduce the risks to non-transgender women in prison. The case involves an examination of the interaction between the Equality Act 2010, the Gender Recognition Act 2004 and the Human Rights Act 1998. 

Judgment is awaited. 

Press links: The Guardian, Daily Mail, The Telegraph

Alex was recently appointed to the Attorney General’s B Panel of Counsel and is regularly instructed on public law and private law claims concerning transgender rights.