Scott Berry

PFD Report All Responded Ref: 2026-0038
Date of Report 20 October 2025
Coroner Sarah Middleton
Response Deadline ✓ from report 15 December 2025
All 1 response received · Deadline: 15 Dec 2025
Response Status
Responses 1 of 1
56-Day Deadline 15 Dec 2025
All responses received
About PFD responses

Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.

Source: Courts and Tribunals Judiciary

Coroner’s Concerns
Mr Berry was one of many Imprisonment for Public Protection (IPP) prisoners at HMP Humber. Mr Berry was frustrated by his sentence and had little hope of being released which he voiced to a number of staff and professionals. Mr Berry had been sentenced to a tariff of 2 years and 4 months and was till in prison 15 years later. These sentences were abolished in 2012. I have had regard to the HMPPS Action Plan for those on Imprisonment for Public Protection sentences and the strategy to address the challenges faced by IPP prisoners. In evidence I heard that the Action Plan is assisting those on such sentences in the community. The numbers of prisoners on licence has fallen. However, there still remains a large number of unreleased IPP prisoners in prison. For those who remain detained in prison, some many years after their original tariff, there is still a long period for them to wait for a review. These prisoners are, in many cases, still waiting for parole board review and not all have access to Offender Delivery Programmes or therapeutic and progression units to assist them. These prisoners are suffering with their mental health and still have little hope of release. If action is not taken with regard to those still serving these sentences in prison, then there is a risk of future deaths occurring. The making of a Regulation 28 report in this regard was supported by the Safer Custody team at HMP Humber so that a considered response can be provided in relation to this matter and the concerns raised.
Responses
HM Prison Probation Service
15 Dec 2025
HM Prison and Probation Service has implemented multiple changes to policy and practice for IPP prisoners, including revisions to release on temporary licence and offender management processes. They have updated IPP recall guidance, delivered refresher training, and are developing an IPP Communications Strategy to improve support and progression for these prisoners. AI summary
View full response
Dear Ms Middleton,

Thank you for your Regulation 28 report of 20 October 2025 addressed to the Minister for Prisons, Probation and Reducing Reoffending, following the end of the inquest into the death of Scott Berry on 13 October 2025. I am responding on behalf of His Majesty’s Prison and Probation Service (HMPPS) as Director General Operations.

I know that you will share a copy of this response with the family of Mr Berry and I would like to express my condolences for their loss. Every death in custody is a tragedy and the safety of those in our care is my absolute priority.

Following evidence heard at the inquest, you have raised concerns about those still serving the IPP sentence in prison, in many cases several years after they completed their minimum term (tariff). Before I address those concerns, I should affirm that HMPPS remains fully committed to supporting the progression of those prisoners serving IPP sentences to the point where the independent Parole Board determines that they may be safely released.

As you will be aware, the IPP sentence was introduced in the Criminal Justice Act (CJA) 2003 and was abolished in late 2012 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This abolition was not applied retrospectively, as the Government at the time took the view it would not be right to alter sentences that had been lawfully imposed prior to their abolition. It is important to note that courts could only impose an IPP sentence for specified serious offences listed within Schedule 15 of the CJA 2003.

It is for the independent Parole Board to determine whether any prisoner serving an IPP sentence may be released on licence, once they have completed the minimum period of imprisonment set by the Court at the point of sentence. In order to direct the prisoner’s release, the Parole Board must be satisfied that it is no longer necessary for an individual to be confined in prison for the protection of the public.

As of 30 September 2025, the number of IPP prisoners was 2,422, down from 2,694 the year before – a reduction of around 10%. Of those, 946 had never been released (down from 1,095 the year before) and 1,476 had been recalled to custody (down from 1,599 the year before). In 2024 there were 619 recalls, the lowest since 2017. We expect the number

of IPP recalls to fall further due to the significant reduction of those serving IPP sentences in the community. 602 IPP re-releases, following recall, were recorded in 2024, the highest number in a given year and over a third more than in 2023.

I note that you raised concerns that IPP prisoners are waiting for a Parole Board review. The priority when listing cases is a matter for the Independent Parole Board. Nonetheless, HMPPS updated the Generic Parole Process Policy Framework in February 2025 and introduced a presumption for an 18-month period between parole reviews for IPP prisoners and 12 months for DPP (youth equivalent of IPP sentence) prisoners1.

The Parole Board has established an IPP Taskforce to manage cases. It aims to reduce the time it takes an IPP case to go through the parole system by sending the most complex cases straight to oral hearing, allowing for reports to be directed earlier. The Taskforce is made up of 25 members, including specialist psychologist and psychiatrist members. All members of the taskforce have considerable experience in reviewing and managing IPP prisoners’ cases. They are further supported by 20 case managers who provide an enhanced level of case management support for those members2.

The Government is determined to support the rehabilitation of IPP offenders through a refreshed IPP Action Plan, which we published on 17 July 2025. The Plan puts an important emphasis on effective frontline delivery in our prisons and the Probation Service, to ensure that those serving IPP sentences have robust and effective sentence plans and that they are in a prison most appropriate to their needs. This is the most effective way to help them to reduce their risk so that they can progress towards safe release from custody. I have provided a list in Annex A which details some of the operational measures we are taking to support the IPP cohort.

The refreshed Action Plan was published in our IPP Annual Report and can be accessed using the following link: https://www.gov.uk/government/publications/hmpps-annual-report- on-the-ipp-sentence-2024-to-25.

Our IPP Action Plan is led at Director level to ensure there is senior accountability for its delivery. , Area Executive Director for the South West, South Central & Public Protection, has taken this lead role. He established the IPP Progression Board in June 2023, and is the Chair. The Board meets on a quarterly basis and is used to hold all workstream owners to account for their delivery of actions within the Action Plan. is also Chair of the External Stakeholder Challenge Group, which was established in September 2023. The Group ensures that the work we are delivering is subject to regular scrutiny and accountability from key campaign groups and independent bodies.

I note that the Prisons and Probation Ombudsman (PPO) completed their independent investigation into the death of Mr Berry. The PPO’s report3, published in June 2024, found that staff managed Mr Berry’s risk of suicide and self-harm appropriately and that Mr Berry received a good standard of care and support from prison and healthcare staff during his time in prison.

I can assure you that reducing the number of self-inflicted deaths in custody is a key priority for me and HMPPS. Staff work hard to identify and support prisoners at risk of suicide and

1 https://www.gov.uk/government/publications/generic-parole-process-policy-framework 2 https://www.gov.uk/government/publications/hmpps-annual-report-on-the-ipp-sentence- 2024-to-25 3 https://cloud-platform- e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/14/2025/10/F6675- 23-Death-of-Mr-Scott-Berry-in-hospital-Humber-21-10-2023-SI-31-40-37.pdf

self-harm. HMPPS Safety Team has a dedicated team member who focuses on the safety of IPP prisoners. In May 2023, the Safety Team produced a learning bulletin sharing early learning from the self-inflicted death of IPP prisoners. The bulletin provided guidance for suggested actions staff can take, including the importance of considering IPP prisoners’ heightened level of risk. In November 2023, the Safety Team delivered a safety briefing to front-line staff to further raise awareness on the risks of IPP prisoners. Two further sessions were also held during a dedicated ‘IPP in Focus’ weeks in April 2024 and September 2025, both of which were attended by high numbers of staff. The sessions during these weeks were all recorded for wider dissemination to prisons and probation delivery units across England and Wales.

The Safety Team have also developed a Safety Toolkit, with a range of learning and practice materials to help front-line staff support those serving the IPP sentence effectively, recognising the heightened level of risk of self-harm and suicide among IPP prisoners. Our refreshed IPP Action Plan has a workstream dedicated to Safety with the main objective of supporting prisons to deliver improvements to the safety of those serving an IPP sentence by actively identifying and supporting IPP prisoners at risk of self-harm and violence in custody, whilst supporting their engagement and progression. Our primary focus is on raising awareness of the heightened risk of self-harm and suicide of IPP prisoners so all staff understand the risk factors and can provide effective support.

We will continue to monitor, analyse and share any changing or emerging trends in published IPP prisoner data with staff and to inform and update our guidance where appropriate.

The Victims and Prisoners Act 2024 received Royal Assent on 24 May 2024 and introduced significant changes to the IPP licence. This included reducing the qualifying period for consideration of licence termination from 10 years after first release to three years (or two for those serving a DPP sentence), introducing a provision for automatic licence termination and enabling the Secretary of State to re-release a recalled IPP offender under the Risk Assessed Recall Review (RARR) power.

These changes resulted in the automatic termination of 1,742 IPP licences on 1 November
2024. A further 600 people became eligible for referral to the Parole Board to consider licence termination on 1 February 2025. So far, the number of people serving the sentence in the community has fallen by two-thirds following the implementation of these changes.

Thank you again for bringing your concerns to my attention. I trust that this response provides assurance that action is being taken to address the matters that you have raised.
Action Should Be Taken
by ensuring thorough safeguarding reviews take place and all parties are notified of the conclusion and involved fully in the process.
Report Sections
Investigation and Inquest
On 26th October 2023 I commenced an investigation into the death of Scott Stepjhen Berry aged 37 years. The investigation concluded at the end of the inquest on 13th October 2025. The Inquest was heard with a Jury. The narrative conclusion of the inquest was: Mr. Berry deliberately chose to suspend himself , but the evidence does not fully explain whether or not he intended that the outcome be fatal.
Related Inquiry Recommendations

Public inquiry recommendations addressing similar themes

Independent review of use of force on mentally ill detainees
Brook House Inquiry
Mental health access for alcohol addiction
Death in Custody Checklist
Baha Mousa Inquiry
Mentally unwell prisoner support
HMP Maghaberry lessons learned
Billy Wright Inquiry
Prison Overcrowding & Staff Vacancies

Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.