Tool 5: Places of Deprivation of Liberty and Gender
Box 19: The Prisons and Probation Ombudsman for England and Wales’
independent investigation and recommendations for the care and management of
transgender prisoners
The Prisons and Probation Ombudsman (PPO) is an independent organization that
investigates deaths and complaints in custody.
The PPO noticed that although historically there had not been many complaints from or
deaths of transgender people in custody, the numbers had been rising. In response, the
PPO conducted research on the care and management of transgender prisoners, which
resulted in a “Learning lessons bulletin”.
Lessons learned as a result of speaking directly to prisoners included the following.
Ê Allegations of transphobic bullying and harassment should be meaningfully
investigated so prisoners have confidence in the process.
Ê Officers should have regular, meaningful contact with transgender prisoners; staff
should be aware of their vulnerabilities, and challenge inappropriate behaviour.
Ê Reasonable adjustments should be made for transgender prisoners to help them
to live in their gender role when such adjustments can be made safely without
compromising security.
The bulletin was timed to coincide with and complement an official Prison Service
instruction to all staff on “The care and management of transgender offenders”.
Sources: Prisons and Probation Ombudsman (2017) “Learning lessons bulletin: Transgender prisoners”, London: PPO;
National Offender Management Service (2016) “The care and management of transgender offenders”, London: NOMS.
There is also a less formal, yet still important, way that civil society can be involved in
monitoring places of deprivation of liberty. When the community regularly interacts with
and enters places of deprivation of liberty in the roles of teachers, healthcare workers and
religious and cultural groups, there is a greater chance that the community as a whole will
feel that they understand what happens inside places of deprivation of liberty and less
chance of impropriety on the part of the prison administration.*
Research and capacity building
In many cases there may be a desire to improve integration of a gender perspective within
places of deprivation of liberty, but resources are not available. Civil society organizations
may have access to financial, expert knowledge and time resources that are not accessible
within state institutions themselves, and partnerships between state and civil society
can become invaluable. Many university social science departments have experts who
specialize in a variety of topics that can lead to valuable efforts to mainstream a gender
perspective, including specialists in gender equality, prison education and rehabilitation,
mothers in prison, the experiences of transgender prisoners, strategies to reduce SGBV,
prison masculinities, etc.
Equally, there are many national and international NGOs and charities that work across
specific thematic areas and can help to pilot new projects, highlight the positive and
negative aspects and consequences of different models, and situate reforms in the local
context (see Boxes 18, 20 and 21).
* For more information
on internal and external
inspection and monitoring
see A. Coyle and A. Fair (2018)
A Human Rights Approach to
Prison Management. Handbook
for Prison Staff, 3rd edn,
London: Institute for Criminal
Policy Research.
45
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