Are the police institutionally transphobic?

After the violent arrest of a trans woman in Soho, Jane Fae looks at the police's interactions with the trans community.

It is tempting – exceedingly so – to read this week’s sorry tale of apparently awful treatment of a trans individual as evidence of something larger:  institutional transphobia, f’rinstance. 

Tempting, but most likely wrong. In two respects.

First off, the police, mostly, are nowhere near as bad as this incident suggests. As for the badness that does happen being down to “institutional” transphobia? No: while experience suggests that pockets – sometimes quite large ones – of transphobic behaviour still exist, the problems, mostly, do not stem from the top, or from the institutions of policing.

Though police culture is another matter entirely.

Let’s start with the police’s alleged failings. One cannot, as I do, write for any length of time about the trans community without encountering tales of awfulness: from basic disrespect of individual identity, through to misgendering, verbal abuse and, rarely, actual physical attack.

It’s a tip of the iceberg thing, and hard to expose through the layer of justified cynicism and fear that afflicts the community. Why complain, when complaining won’t change anything – and may have unforeseen repercussions for you later on? Trans folk may sometimes appear a little paranoid, but, as the old saw has it, just because you are paranoid doesn’t mean the world isn’t out to get you!

This may get the “political correctness gone mad” brigade reaching for their gold-nibbed angry pens, but: it's not easy being trans.  There’s the fight to be recognised, fight for medical support, fight, sometimes, for the simple right to walk down the street without abuse.  Along the way you may have lost job, partner, home.

No: this is not oppression Olympics. Rather, it is recognition that trans folk, alongside other minorities, have good reason to be touchy about things, a sense that translates a simple street stop into an inevitable “is it because I is trans?”

Many police officers get this. Just as they get that there are cultural issues in dealing with different ethnic groups; or even that a large burly male officer questioning a woman about domestic violence MAY not always be a good call.

They get that approaching a trans woman and starting the conversation with “Sir?” is a sure fire way to get a rude answer, or no answer at all.  Against those who argue that the police can’t be tiptoeing around every sensibility they might possibly encounter on the street, I’d suggest the opposite: they are paid to interact with the public – not to dominate them.  Yet far too many police officers still seem to think their job is the latter.

That’s a bad start to any encounter – in non-trans speak, imagine an officer hailing a West Indian with a cheery “hey, darkie!” – likely to lead to a bad end. Its not a good attitude to have: although, absent evidence to the contrary, I’d suggest it is an all-purpose bad attitude, mostly not directed at any one group. Though I am sure some officers do have particular issues about “teh tranz”, or gay folk, or non-white individuals.

Which is why I am fairly sure that we are not talking institutional transphobia. For in force after force across the UK, the guidelines on interacting with trans people are good. The sentiments expressed from the very top are positive – and I have no reason to believe them disingenuous, as alongside the bad, I also encounter reports of good policing. Positive policing. Trans-friendly policing!

Its just… well, I’ve seen this all before, a few years back when I made a small trade out of covering ludicrous and ludicrouser police interventions on street photography. 

The guidelines were good. The top-down intention was good. It just didn’t always translate to street level. Indeed, it was the same old story as now, with some police officers seemingly just taking exception to any member of the public displaying anything less than total forelock-tugging obedience: and a much smaller proportion who just appeared to dislike persons with cameras. Period.

Still, there is one aspect of this story where the police powers-that-be deserve criticism. Wednesday’s arrests took place not just in Soho, but in the heart of London’s lgbt space.  Which is what makes the police reaction so bizarre.

For just as you might expect police in muslim areas to be taught a little about Islamic sensibilities, so you’d expect those working lgbt areas to learn a little about lgbt sensibilities. Or at very least for the most egregious transphobes and homophobes to be transferred quietly elsewhere.

Yet the evidence suggests that has not happened. It's not so much institutional transphobia as a failure of management.

Photograph: Getty Images

Jane Fae is a feminist writer. She tweets as @JaneFae.

Photo:Getty
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Labour is a pioneer in fighting sexism. That doesn't mean there's no sexism in Labour

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

I’m in the Labour party to fight for equality. I cheered when Labour announced that one of its three Budget tests was ensuring the burden of cuts didn’t fall on women. I celebrated the party’s record of winning rights for women on International Women’s Day. And I marched with Labour women to end male violence against women and girls.

I’m proud of the work we’re doing for women across the country. But, as the Labour party fights for me to feel safer in society, I still feel unsafe in the Labour party.

These problems are not unique to the Labour party; misogyny is everywhere in politics. You just have to look on Twitter to see women MPs – and any woman who speaks out – receiving rape and death threats. Women at political events are subject to threatening behaviour and sexual harassment. Sexism and violence against women at its heart is about power and control. And, as we all know, nowhere is power more highly-prized and sought-after than in politics.

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

The House of Commons’ women and equalities committee recently stated that political parties should have robust procedures in place to prevent intimidation, bullying or sexual harassment. The committee looked at this thanks to the work of Gavin Shuker, who has helped in taking up this issue since we first started highlighting it. Labour should follow this advice, put its values into action and change its structures and culture if we are to make our party safe for women.

We need thorough and enforced codes of conduct: online, offline and at all levels of the party, from branches to the parliamentary Labour party. These should be made clear to everyone upon joining, include reminders at the start of meetings and be up in every campaign office in the country.

Too many members – particularly new and young members – say they don’t know how to report incidents or what will happen if they do. This information should be given to all members, made easily available on the website and circulated to all local parties.

Too many people – including MPs and local party leaders – still say they wouldn’t know what to do if a local member told them they had been sexually harassed. All staff members and people in positions of responsibility should be given training, so they can support members and feel comfortable responding to issues.

Having a third party organisation or individual to deal with complaints of this nature would be a huge help too. Their contact details should be easy to find on the website. This organisation should, crucially, be independent of influence from elsewhere in the party. This would allow them to perform their role without political pressures or bias. We need a system that gives members confidence that they will be treated fairly, not one where members are worried about reporting incidents because the man in question holds power, has certain political allies or is a friend or colleague of the person you are supposed to complain to.

Giving this third party the resources and access they need to identify issues within our party and recommend further changes to the NEC would help to begin a continuous process of improving both our structures and culture.

Labour should champion a more open culture, where people feel able to report incidents and don't have to worry about ruining their career or facing political repercussions if they do so. Problems should not be brushed under the carpet. It takes bravery to admit your faults. But, until these problems are faced head-on, they will not go away.

Being the party of equality does not mean Labour is immune to misogyny and sexual harassment, but it does mean it should lead the way on tackling it.

Now is the time for Labour to practice what it preaches and prove it is serious about women’s equality.

Bex Bailey was on Labour’s national executive committee from 2014 to 2016.