Police must avoid risk of ‘institutional capture’ accusations, force told
It comes amid an employment tribunal involving a nurse who was suspended following an incident involving a trans doctor in a female changing room.
Police Scotland has been warned of the risk of “institutional capture” amid the Sandie Peggie tribunal.
The nurse has taken Fife health board and transgender medic Dr Beth Upton to tribunal after being suspended following an incident on Christmas Eve 2023 in a female changing room at Victoria Hospital in Kirkcaldy, where they both worked.
Ms Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing, after she was suspended in January 2024 when Dr Upton made an allegation of bullying and harassment against her.
Scottish Police Authority (SPA) board member Katharina Kasper referred to the tribunal at a meeting of the SPA on Thursday, and warned Police Scotland cannot risk being accused of “institutional capture”, amid a review following criticism of the recording of sex and gender.
Ms Kasper said: “Without prejudging the outcome of tribunal, this case demonstrates how important it is for public bodies to be aware of all applicable laws and to ensure internal policy reflects that.
“I know MSPs and commentators have alleged institutional capture of public bodies in this area of policy. I would argue that Police Scotland is the last public body that can risk being accused of that. I think this review is vital.”
In September, Police Scotland reversed a policy which allowed rapists to identify as female and a review was announced.
The findings are to be reported to the SPA.
During a previous SPA meeting, Ms Kasper called for policy on the issue to be in writing and subject to external audit, and a pledge was made to seek input from women’s groups.
At the SPA meeting on Thursday, Chief Constable Jo Farrell thanked Assistant Chief Constable Catriona Paton, who is leading the review.
Ms Farrell said: “I want to thank ACC Paton for her work and reaffirm my commitment to building an anti-racist, anti-discriminatory service which serves all our communities, inside policing and across society.
“As a service we are engaged with UK policing to understand how others are involved in this legal and ethical duty.
“Policing Together is an important programme in delivering on our vision of safer communities, less crime, supported victims and a thriving workforce.”
Police Scotland has confirmed it is reviewing its Transitioning at Work policy based on self-identifying, with a spokesperson saying on Thursday: “This policy is being reviewed as part of our wider sex and gender review, which is ongoing.”
