Helen McCourt’s murderer is set to be released from prison after a government appeal to keep him behind bars was rejected.

The parole board is standing by its original decision to free Ian Simms, despite the killer never revealing where he hid the 22-year-old insurance clerk’s body more than 30 years ago.

The former pub landlord was convicted of McCourt's abduction and murder based on overwhelming DNA evidence but has always maintained his innocence.

Her mother, Marie McCourt, urged justice secretary Robert Buckland to intervene after the board decided Simms, 63, had met the test for release.

Announcing the board’s decision, a spokesperson said: “The parole board has decided that the original decision to release Ian Simms should stand, after considering a reconsideration application from the secretary of state.

“Whilst the parole board has every sympathy with Helen McCourt’s family, if the board is satisfied that imprisonment is no longer necessary for the protection of the public, they are legally obliged to direct release.”

Ms McCourt said she “does not accept” that Simms is safe to be released and is consulting with her legal team about her next step.

The justice secretary said he was “disappointed” with the parole board’s decision.

He added: “I understand this will be extremely upsetting for the family of Helen McCourt and my heartfelt sympathies remain with them.

Marie McCourt, mother of Helen McCourt, pictured in November 2019 after she gave evidence at a parole board hearing on the release of Ian Simms who murdered her daughter in 1988. (Gareth Fuller/PA)

“Marie McCourt has told me and my predecessors repeatedly of the additional anguish experienced by her and others in similar situations.

“I hope Helen’s Law, which is now before parliament, will serve as a lasting legacy to Helen and to the bravery of Marie and her family.”

Mr Buckland’s request for a reconsideration was made on grounds including that the original decision was “irrational” and “erroneous”, according to documents on the application.

In his findings, parole board chairman Sir David Calvert-Smith, a former director of public prosecutions and retired judge who reviewed the request, said it was “impossible” to characterise the decision as “irrational” and therefore the application was refused.

Simms will not be released imminently and it could take weeks to arrange, but the timing could depend on whether campaigners launch legal action against the ruling.

The original decision came after Ms McCourt’s campaign to keep killers behind bars until they reveal the location of their victims’ bodies, dubbed Helen’s Law, failed to be ratified before parliament on numerous occasions – twice being delayed because of general elections.

Simms has been serving a life sentence at HMP Garth in Leyland, Lancashire, for the murder of Helen, who vanished on her way home from work in Liverpool in 1988.

He was convicted of her murder the following year and told he would serve at least 16 years and one day behind bars.

He was eligible to be considered for parole in February 2004.

Mrs McCourt previously said she was “in shock” at the decision to consider Simms’ release.

The summary of the parole board’s original ruling said Simms was deemed suitable for release due to factors including the “considerable change in his behaviour”.