Two police sergeants who were on duty when Wearside dad Stephen Berry died in custody retired from force before facing gross misconduct hearings

Two custody detention sergeants retired from the force before disciplinary hearings could be completed over the death of Stephen Berry, the IOPC report has said.

The Independent Office for Police Conduct (IOPC) held an investigation into the death of Mr Berry, who was arrested on March 28, 2013, after failing to appear in court.

The 43-year-old was held in police custody at Washington Police Station for two days before he collapsed in his cell and died on March 30.

An inquest into Mr Berry’s death concluded on Wednesday, December 18, and found that his death was due to the effects of alcohol withdrawal in circumstances where there were avoidable delays to emergency medical interventions.

While in custody staff should have roused Mr Berry to check on him every half-hour.

However the IOPC investigation found:• There were six false entries, and other inaccuracies, in the custody record relating to checks made on Mr Berry.• Mr Berry was left unchecked and not roused for almost five hours during his detention.• His health deteriorated rapidly from 7pm on March 29 and he was seen sweating, shaking, and having difficulty breathing. He asked to be taken to hospital but this was refused.• A detention officer reported concerns for Mr Berry’s welfare, to a custody sergeant, but these were ignored or dismissed.• A custody sergeant contacted a doctor, but told him Mr Berry’s condition was not urgent – resulting in Mr Berry not receiving any medical attention on March 29 until after his health had deteriorated considerably.As part of the IOPC investigation two custody detention officers who were responsible for checking on Mr Berry overnight from March 28 were interviewed and the pair admitted misconduct.

They were both given written warnings in June 2016.

The IOPC investigation also found evidence of a case to answer for gross misconduct for two custody sergeants, who were responsible for Mr Berry’s welfare during this detention.

The investigation found that they had: • Instructed a custody officer not to record the symptoms of Mr Berry’s physical decline.• Failed to ensure Mr Berry received prompt medical attention on a number of occasions during his detention.• Didn’t request a doctor when informed of Mr Berry’s declining physical condition by colleagues, and later causing a delay in the doctor attending.• Did not take action when informed, by detention officers, that Mr Berry was showing signs of deteriorating physical and mental health.The IOPC referred the evidence to the Crown Prosecution Service (CPS) as there was an indication that a criminal offence may have been committed by both sergeants., however the CPS made the decision not to bring charges.

Mr Berry’s family appealed the decision but the CPS decided again, in September 2015, not to prosecute.

Northumbria Police agreed with findings in respect of both custody sergeants, however disciplinary processes were never completed as the two sergeants left the force.

One of the sergeants retired after conclusion of the investigation and it was not possible under the regulations that existed at the time to proceed with disciplinary action against him.

A gross misconduct hearing was scheduled for the second sergeant but it was not possible to proceed with the hearing due to the officer’s health.

The officer retired on medical grounds in 2018.

The IOPC said it commends the efforts made by an acting inspector and a detention officer, not subject to the investigation, in attempting to revive Mr Berry after his collapse.

IOPC Interim Regional Director David Ford: “Our findings make for difficult reading, not least because they recount the obvious distress Mr Berry was in during his detention.

“Our evidence demonstrates there were, overall, serious failings in the care afforded to Mr Berry. Thankfully such incidents are rare; the vast majority of police officers and staff understand their responsibilities and uphold the highest professional standards ”

Northumbria Police has said the force has reviewed and changed procedures since Mr Berry’s death.

Assistant Chief Constable of Northumbria Police Rachel Bacon said: “As a Force, we take the welfare of people in our custody extremely seriously with officers and staff thoroughly trained in caring for detainees.

“The importance of risk assessments, observations and treatment of people who are alcohol dependent or suffering alcohol withdrawal are important factors of this training.

“In the years since 2013, procedures have been reviewed and many changes have been made, which was accepted at the inquest.

“This is very much an ongoing process to ensure we continue to meet the needs of those who come into custody.”