The British Transport Police (BTP) has introduced a controversial policy that permits transgender officers to conduct strip searches on women, provided they hold a gender recognition certificate (GRC). This guidance, titled Transgender and Non-Binary Search Position, was authorised in September by the assistant chief constable of network policing. The decision comes after the National Police Chiefs Council (NPCC) withdrew similar guidelines earlier this year due to safety concerns, according to the Daily Mail.
The policy allows transgender and non-binary officers to perform searches aligned with the sex listed on their birth certificate or GRC, regardless of their biological sex. These searches may include removing outer clothing such as coats and footwear and, in certain circumstances, conducting full strip searches.
While the BTP asserts that the policy adheres to equality laws, critics argue that it undermines women's rights and increases their vulnerability in already sensitive situations.
Women's Rights Advocates Raise Concerns
The introduction of the policy has drawn sharp criticism from women's rights groups, who warn of the potential for abuse and the erosion of safeguards for women. Cathy Larkman, a retired police officer and national lead for the Women's Rights Network, stressed the need for searches to be conducted by officers of the same biological sex. "Their eagerness to implement this policy despite clear warnings shows a disregard for women's rights," Larkman said.
Human rights charity Sex Matters has been at the forefront of the opposition. In a letter to BTP Chief Constable Lucy D'Orsi, the organisation highlighted the risks posed by allowing officers to conduct searches based on legal, rather than biological, sex. Maya Forstater, CEO of Sex Matters, described the policy as "state-sponsored sex discrimination and sexual abuse."
"No woman should be forced to strip and bend over in front of a man," Forstater stated. She noted that 98% of sex crimes are committed by men, making women more vulnerable in such situations. The letter also raised concerns that the policy could be exploited for inappropriate purposes by individuals abusing their authority.
BTP Defends Its Stance
Amidst growing criticism, the BTP has defended the policy, asserting that it complies with equality legislation while ensuring respect for individual identities. A spokesperson clarified that searches are conducted based on the sex specified on an individual's birth certificate or GRC. If a detainee objects to being searched by a particular officer, they can request another to perform the search.
Transgender officers undergoing transition receive updated identification numbers, warrant cards reflecting their chosen names, and uniforms that align with their gender identity. However, critics argue that these measures fail to address the broader issue of ensuring women's safety during strip searches.
Legal Threats From Human Rights Charity
Last week, Sex Matters sent a pre-action letter to the BTP, threatening legal action over the policy. The letter outlined four key legal challenges, as detailed by Sex Matters:
- Human rights violations: Article 3 of the Human Rights Act prohibits degrading treatment.
- Indirect discrimination: Women face heightened risks under the policy, which could violate the Equality Act.
- Misinterpretation of PACE: The Police & Criminal Evidence Act 1984 mandates that searches must be conducted by officers of the same biological sex.
- Inadequate equality impact assessment: Critics argue that the BTP failed to adequately consider the significant impact of this policy on women.
Sex Matters highlighted findings from the Baird Inquiry, which reported that strip searches are particularly invasive and humiliating for women and girls. The organisation called for the policy to be immediately withdrawn and replaced with guidelines requiring searches to be conducted by officers of the same biological sex.
Previous NPCC Policy Sparks Comparisons
This controversy follows the NPCC's decision in January 2024 to withdraw its guidance allowing officers to self-identify their sex for "same-sex" searches. Public backlash prompted the NPCC to clarify that searches requiring the removal of clothing must be conducted by officers of the same biological sex, according to NPCC guidance.
The Metropolitan Police Service (MPS) confirmed through a Freedom of Information request that it had not adopted the NPCC's guidance. Current MPS policy specifies that:
- Strip searches must be performed by officers of the same biological sex as the detainee.
- Transgender officers with a GRC may conduct searches in alignment with their legal sex.
- Non-binary and gender-fluid officers are restricted to searching individuals of their birth-assigned sex for in-depth procedures.
Balancing Equality and Women's Rights
The ongoing debate highlights the tension between gender identity rights and women's safety in public policy. Advocates for women's rights argue that while respecting gender identity is important, it should not come at the expense of women's dignity and safety.
Cathy Larkman called for greater sensitivity, stating, "This is a significant issue of dignity and safety for women." Forstater echoed these concerns, urging policymakers to adopt a balanced approach that protects individuals without compromising women's rights.
As legal action looms, the BTP faces increasing pressure to reconsider its policy. Activists and legal experts warn that failure to address these concerns could have broader implications for public institutions.
