The adopted family of Tony Hudgell have welcomed a push to stop the planned release of the boy's abusive birth father from prison.

Anthony Smith, 51, along with his partner Jody Simpson, 29, from Maidstone, were sentenced to 10 years in jail in 2018 for the abuse they inflicted on Tony as a baby which meant he had to have both legs amputated.

Smith had been due for automatic conditional release in September, when he will have reached the half-way point of his sentence.

But the Justice Secretary Dominic Raab, using new powers to protect the public from dangerous offenders, has ordered the case be referred to the Parole Board.

The referral overrides release of a prisoner in specific circumstances where public safety is deemed to be at risk. Earlier this month, Simpson’s release on licence was also put on hold.

Paula Hudgell, who is the adoptive mum of Tony, now aged seven, welcomed the decision.

She told the PA news agency: “Once again we are extremely grateful that Dominic Raab has stepped in on Anthony Smith’s release.

“It shows the importance of why Tony’s Law needed to come into force as sentences absolutely were too lenient.

“It also still highlights the absolute need for a child cruelty register.”

Mr Rabb is using new powers which Mrs Hudgell campaigned for, known as Tony's Law.

The Police, Crime, Sentencing and Courts Act 2022 which came into force in June, allows for tougher sentencing for child abusers, 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 – the previous maximum had been 14-years.

Those who cause serious harm like Smith can get 14 years, rather than 10.

Mr Raab said he wanted to do “everything in my power to prevent another child enduring the abuse inflicted on Tony Hudgell”.

He said: “The first duty of government is to protect the most vulnerable – and no-one is more vulnerable than a child. I will do everything in my power to prevent another child enduring the abuse inflicted on Tony Hudgell.

“That’s why I’ve put Anthony Smith’s release on hold and will be referring his case to the Parole Board so that any risk he might pose is thoroughly checked.”

Tony was only 41 days old when he was attacked by his birth parents, and left with multiple fractures, organ failure, toxic shock and sepsis.

They left him for 10 days before taking him to hospital.

Mrs Hudgell, 54, from Kings Hill, had said it had made her feel sick when she learned of Smith's imminent release.

She said: "Tony is suffering every day - he has a life sentence."

In 2021, Tony won the heart of the nation by raising £1.5m for the Evelina Children's Hospital in London, which had played a vital role in his care, by doing a sponsored walk on his prosthetic legs. He was subsequently given a British Citizen Youth Award at the House of Lords.