Staffordshire Police has come under scrutiny for its policy of accommodating detainees in custody cells based on their self-identified gender, despite a Supreme Court ruling that defines sex in equality law as biological sex. The policy, updated following the court’s April 2025 decision, allows individuals who identify as transgender women to be housed in female-only cells.

The force’s documents, obtained through freedom of information requests, outline that while male and female detainees are separated for safeguarding purposes, individuals may be placed in accommodation consistent with their gender identity. The policy also addresses nonbinary detainees, stating they will be housed in locations deemed most appropriate to ensure safety. Staff are required to use inclusive language and receive training on respectful pronoun use.

Regarding searches, the updated guidance states that intimate searches should be conducted by officers of the same biological sex as the detainee. However, if a detainee holds a full Gender Recognition Certificate (GRC), their sex legally changes, potentially affecting search procedures. Trans detainees may also request a search by an officer of their lived gender, provided there is mutual agreement between officer and detainee.

The force has defended its approach, saying all detainees are accommodated in individual cells with their own toilet facilities to reduce risks. Senior officers have emphasised that policies are regularly reviewed to ensure compliance with legislation, national guidance, and relevant court judgments.

However, critics argue that the policy contradicts the Supreme Court’s ruling and overlooks the safety and rights of biological women. Cathy Larkman, director of the Women’s Rights Network and a retired police superintendent, described the policy as reflecting a “concerning” lack of regard for women’s rights and a misunderstanding of the law. Campaigners warn that housing biological males who identify as females in women's cells could pose safety risks and diminish privacy protections.

The Supreme Court ruling clarified that in the context of equality law, “sex” refers to biological sex rather than self-identified gender, a decision that has influenced public sector policies across the UK. Nonetheless, Staffordshire Police’s stance highlights ongoing tensions between legal interpretations of sex and gender identity policies within law enforcement and custodial settings. The force continues to maintain that its policies balance the need for safety, dignity, and legal compliance for all detainees.