Abusive birth mother of Kent's double amputee Tony Hudgell set to be freed from prison

The abusive birth mother of Tony Hudgell is set to be freed from prison, after Justice Secretary Dominic Raab conceded her release could not be further delayed by a Court of Appeal challenge.

Jody Simpson, 29, and her partner Anthony Smith, were both jailed for 10 years in 2018 after torturing the little boy, now aged eight, so badly that he needed both legs amputating.

Simpson was due for release on licence in August, at the halfway point of her sentence, but her case was personally referred to the Parole Board by Mr Raab under new discretionary powers designed to protect the public from dangerous offenders.

In December, following a legal challenge by Simpson, a High Court judge ruled that the minister's bid to delay her release was unlawful and his decisions to refer her case should be quashed.

A Court of Appeal hearing in London on Friday (3 February) was told that Mr Raab was granted permission to appeal against part of Mrs Justice Heather Williams's ruling - that Simpson's case did not satisfy the eligibility criteria of a "power to detain" policy.

However, the Justice Secretary was refused permission to challenge the judge's finding that there was an absence of "reasonable grounds" for his belief that Simpson posed a risk that met the criteria of the new powers.

Simpson's release was put on hold pending the outcome of Mr Raab's appeal bid.

But Jude Bunting KC, representing Simpson, told the court that the Government would need to win an appeal on both issues for Mrs Justice Williams's ruling to be overturned.

"The Secretary of State effectively accepts that he cannot now overturn that quashing order," he said, adding that Government correspondence "fails to set out any legal reason" why the stay on Simpson's release should not be lifted.

Lord Justice Holroyde said Mr Raab had "accepted that it would be necessary to overturn the judge's decisions on both grounds... in order to succeed on appeal in reversing the judge's decision to quash".

He said it may be that the Justice Secretary may not continue with the appeal, or that other judges "may be concerned as to whether the appeal has become academic".

The judge said that Simpson should be "released on conditional licence within a reasonable time".

Previously proposed conditions to be imposed on Simpson if she were released included not to communicate with Tony or his family, not to have unsupervised contact with children under 16 without prior approval, not to contact Smith, and to observe a nightly curfew.

Tony was 41 days old when he was assaulted by his birth parents, an attack which caused multiple fractures, dislocations and blunt trauma to the face, leading to organ failure, toxic shock and sepsis.

He was left untreated and in agony for 10 days and, due to the extent of his injuries, both his legs had to be amputated.

His adoptive mother Paula Hudgell previously said that the boy "suffers every single day" and that Simpson and Smith's sentence "doesn't reflect the severity of the crime".

She previously said she was "disappointed" after Mr Raab's failed bid to delay Simpson's release.

The referral of a prisoner's case under the new powers overrides the automatic conditional release of an individual, in specific circumstances where public safety is deemed to be at risk.

Prisoners referred under this "power to detain" are not released until the Parole Board is satisfied that it is no longer necessary for the protection of the public for the prisoner to be confined, or they reach the end of their sentence.

Smith's sentence was also previously referred to the board by Mr Raab, which put his release on licence on hold.

Tougher sentencing for child abusers came into force in June, meaning anyone who causes or allows the death of a child or vulnerable adult in their household can now be given up to life in prison - increased from the previous 14-year maximum.

The sentencing changes under the Police, Crime, Sentencing and Courts Act 2022 are known as "Tony's Law", following campaigning by the child's adoptive family.