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An appeal has been launched by Justice Secretary Dominic Raab as he attempts to keep Tony Hudgell's abusive birth mother behind bars.
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 release on licence in August but her case was referred to the Parole Board by Mr 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, who is also serving a 10-year sentence, to the Parole Board.
Following the referral, Simpson – who lived in Square Hill Road, Maidstone, at the time of the offence – took the case to the High Court where it was argued Mr Raab's decision was unlawful.
The 29-year-old was therefore eligible for release this week but Ministry of Justice officials stepped in again to block this.
They have now placed an application to the Court of Appeal to overrule the court's decision.
Simpson will remain in jail until a decision is made on whether the appeal should go ahead.
Tony Hudgell was left with numerous life-threatening and life-changing limb fractures, multiple organ failure and sepsis after violence at the hands of his birth parents when he was just 41 days old.
Now eight, he was forced to have his legs amputated at the knee but has since found happiness with adopted parents Paula and Mark Hudgell in Kings Hill.
The family has campaigned for a change in the law surrounding the sentencing of abusers ever since and in June, Tony's Law came into force.
It means 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.