Former Home Secretary Suella Braverman has asked the Equality and Human Rights Commission (EHRC) to investigate Staffordshire Police's custody policy, arguing that it may not comply with the Supreme Court's judgment on the legal definition of sex.
Publishing her letter on X, Mrs Braverman said:
"This is unacceptable: it is a breach of the law as set out in the Supreme Court and it puts women's safety at risk.
Today I have written to the Equality and Human Rights Commission asking it to investigate Staffordshire Police's custody policy, its failure to comply with the law and to set it aside."
In her letter to EHRC Chair Dr Mary-Ann Stephenson, Mrs Braverman referred to reporting published by The Telegraph, which said Freedom of Information disclosures indicated that Staffordshire Police's custody policy continued to allow detainees to be accommodated according to their gender identity.
Mrs Braverman argued that the reported policy was inconsistent with the Supreme Court's April 2025 judgment on the meaning of "sex" under equality law and with subsequent guidance issued by the EHRC.
She wrote:
"Women in police custody are among the most vulnerable people a public authority will ever be responsible for safeguarding."
Mrs Braverman also raised concerns about reported guidance relating to strip searches by officers of the opposite sex, saying she believed these issues warranted further scrutiny by the Commission.
In her letter, she asked the EHRC to clarify:
- whether Staffordshire Police's custody and equality policies are consistent with the Supreme Court judgment and the Commission's guidance;
- whether it intends to assess compliance across police forces more widely; and
- what enforcement powers are available if a public authority is found not to be complying with equality law.
Mrs Braverman concluded by urging the Commission to confirm whether it intends to investigate the matter and, if so, the expected timetable.
The Equality and Human Rights Commission has previously published guidance for public bodies following the Supreme Court's ruling on the legal definition of sex. That guidance explains how organisations should consider the provision of single-sex services in line with the law.
At the time of publication, neither the Equality and Human Rights Commission nor Staffordshire Police had publicly responded to Mrs Braverman's latest letter.
The letter represents a request for the EHRC to investigate. No findings have been made by the Commission regarding Staffordshire Police's policies.
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