Costs incurred in legal cases involving For Women Scotland: FOI release

Information requested

Can you provide to date (January 9 2026) the Scottish government's total costs incurred in legal cases involving feminist campaign group For Women Scotland?

Can you provide to date (January 9 2026) the Scottish government's total costs incurred in legal cases involving any challenge to the government policy on placing trans women in female prisons?

Can I please have a breakdown by case, costs by year and also any appeal costs please?

Response

I enclose a copy of the information you requested. As requested I have provided a breakdown of costs by case.

The answer to your first question "Can you provide to date (January 9 2026) the Scottish government's total costs incurred in legal cases involving feminist campaign group For Women Scotland?" is £914,402.30. These costs are associated with three legal cases:

• For Women Scotland Ltd v The Lord Advocate and The Scottish Ministers - A judicial review of the definition of "woman" contained in the Gender Representation on Public Boards (Scotland) Act 2018 (the "2018 Act"). The case was heard at first instance by the Outer House of the Court of Session, which found in favour of the Lord Advocate and the Scottish Ministers. For Women Scotland appealed to the Inner House of the Court of Session, which found in its favour on 18 February 2022. The total costs incurred by the Scottish Government in relation to this case are £216,182.50.
• For Women Scotland Ltd v The Scottish Ministers - A judicial review of the revised statutory guidance on the 2018 Act. The case was heard at first instance by the Outer House of the Court of Session which found in favour of the Scottish Ministers. For Women Scotland appealed to the Inner House of the Court of Session which upheld the decision of the Outer House. For Women Scotland then appealed to the UK Supreme Court, which found in its favour on 16 April 2025. The total costs incurred by the Scottish Government in relation to this case are £564,115.30.
• For Women Scotland Ltd v The Scottish Ministers and The Lord Advocate - A live judicial review challenging the Scottish Prison Service Policy for the Management of Transgender People in Custody Operational Guidance. The total costs incurred by the Scottish Government as at 9 January 2026 are £134,104.50.

The answer to your second question "Can you provide to date (January 9 2026) the Scottish government's total costs incurred in legal cases involving any challenge to the government policy on placing trans women in female prisons?" is £134,104.50. These costs are associated with the single legal case, For Women Scotland Ltd v The Scottish Ministers and The Lord Advocate referred to above. These costs have been incurred in the current 2025-26 financial year.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.