A High Court judge has ruled a bid to delay the release of the abusive birth mother of Tony Hudgell from Kings Hill was unlawful.

Jody Simpson, 29, was sentenced to 10 years in prison in 2018 after leaving the little boy, who is now eight, so badly injured he needed to have both legs amputated.

She was due for released on licence in August but her case was referred to the Parole Board by Justice Secretary Dominic Raab under new powers to protect the public from dangerous offenders.

The referral overrides the automatic conditional release of a prisoner, in specific circumstances where public safety is deemed to be at risk.

Mr Raab also referred the sentence of Simpson's partner, Anthony Smith, to the Parole Board.

He is also serving a 10 year sentence and his release has been put on hold.

Following the referral by Mr Raab, Simpson launched a legal challenge arguing the decisions were “unreasonable”, unlawfully prolonged her detention and were not justified in departing from the view of the sentencing judge that she “did not pose a significant risk of serious harm to members of the public”.

On Friday, Mrs Mrs Justice Heather Williams said Mr Raab’s decisions to refer Simpson’s case should be quashed.

Tony's adoptive mum Paula Hudgell said she was 'disappointed'.

She told BBC News: "I thought Dominic Raab had an extremely strong case.

"Obviously we knew they would be released at some point, but every extra day is a bonus as far as we’re concerned.”

Tonbridge and Malling MP Tom Tugendhat, who helped the family campaign for tougher sentences for child abusers, described the ruling as "very disappointing".

He told the broadcaster: "These two people have committed a horrific act against a young child, and Tony and his real parents, the parents who actually love him, Paula and Mark, have been campaigning to get the law changed.

"They always knew it wasn’t going to change for Tony of course, that’s in the past, but that’s exactly why they were campaigning to get the law changed for the future."

Tony's Law 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.

Mrs Justice Heather Williams concluded that Mr Raab did not have the legally required "reasonable grounds" for believing the prisoner posed a "significant risk" as opposed to "a possible risk of her re-offending or a risk that cannot be ruled out altogether".

"In this instance there was a formidable body of material before the secretary of state, at each stage of his decision-making, which indicated that (Simpson’s) risks could be safely managed if she was released," the judge said.

The judge added that the Probation Service previously concluded that the risk Simpson posed to children arose "in very specific circumstances that she would not be in a position to repeat" and that her licence conditions would "’significantly mitigate’ the risk that she posed over the next five years".

Mr Raab said he was considering whether to appeal.

"I want to see the most dangerous offenders spend longer behind bars which is why I intervened in this case, passed tougher sentences for child cruelty, and introduced parole reforms to keep prisoners who pose a risk to the public off our streets," he said.

"I am now carefully considering whether to appeal in this case."