Judge frees granny jailed for hugging granddaughter

A 72-year-old woman jailed for hugging her granddaughter in breach of a court order banning contact has been freed by a judge.

Kathleen Danby appeared in custody today to make a case against her three-month jail sentence, handed down earlier this year at Birmingham’s Court of Protection.

In April, a judge sent the pensioner to prison in her absence after watching CCTV evidence of her greeting the teenager, who cannot be named for legal reasons, with a hug outside a pub.

Reducing the sentence of Mrs Danby, of Orkney, to time already served, Judge Sally Dowding said: “I am satisfied she fully appreciates the difficulties of her position and what she must do, and I am confident she will comply in future.”

Mrs Danby's solicitor, Sarah Huntbach, said her client, dressed in a large red overcoat, "sincerely apologised" for being in the town where her granddaughter now lives.

She said the pensioner was there for the day “to meet a friend” and, as she waited outside a pub, her granddaughter – who has a learning disability and emotional difficulties – approached her.

“She did not intend or want to be in breach of these (court) orders, or dishonour the court in any way”, said Mrs Huntbach.

While not accepting that she intended to meet her granddaughter, Mrs Danby “apologised for any nuisance that has arisen as a consequence”.

Judge Dowding said it was “very sad” that Mrs Danby had “failed to comply” with the court orders, which evidence showed had had “a detrimental effect” on the granddaughter’s behaviour, “with consequences serious and profound”.

However, she said it was Mrs Danby’s right “to purge her contempt” before the court.

The spirited pensioner has been in custody since her arrest on Sunday in Liverpool, where she had been enjoying a performance by comedian Ken Dodd.

She was escorted in to court by four security officers, and wearing handcuffs, but smiled and looked around as she entered.

Contempt of court proceedings were brought against Mrs Danby by Derbyshire County Council, which is responsible for looking after the 19-year-old.

The local authority had alleged the pensioner was in breach of court orders made in September 2013, January, and April 2014.

The orders banned Mrs Danby from any communication, save a single supervised monthly phonecall, or visiting the granddaughter’s home town, college, or going within 100 metres of the girl.

Mrs Dowding said she noted the judgment of Judge Martin Cardinal, in April, who had been satisfied Mrs Danby “had engineered a meeting” with the granddaughter - named as ’B’, despite what the pensioner’s solicitor had said in mitigation.

“There is very clear evidence these events brought about a detriment in B’s behaviour and the consequences were serious and profound,” added Mrs Dowding.

She said it had never been the case the local authority was “seeking to isolate the child from her family”, pointing out that the granddaughter’s maternal family “have regular contact”.