Secret court jails gran Kathleen Danby who hugged her granddaughter

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Kathleen Danby, 72, jailed for three months by secretive Court of Protection
She had been banned from contacting girl, 18, who has learning difficulties
Was told she could speak to her once a month, but met her at railway exhibit
Also shown on CCTV hugging the teenager outside a pub
Judge Martin Cardinal said the CCTV showed Mrs Danby was in contempt
Grandmother refuses to attend court, and says she will not go to prison

By Steve Doughty for the Daily Mail and Rosie Taylor for the Daily Mail and Gavin Madeley

Published: 18:35 EST, 9 June 2014 | Updated: 05:11 EST, 10 June 2014

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A grandmother has been sentenced to three months in prison after she was filmed giving her granddaughter a hug.

Kathleen Danby, 72, was jailed by the secretive Court of Protection, which decided she had disobeyed its order that she should not see the teenager.

Under a draconian judgment kept secret from the public, Mrs Danby had been banned from making contact with the girl, who is 18 but has learning difficulties.

Ban: Kathleen Danby, 72, has been sentenced to three months in prison after she was filmed giving her granddaughter a hug after disobeying an order she should not see the 18-year-old

She was told she could only speak to her on the phone once a month at a set time, with social workers listening in. Mrs Danby was ordered back to court when social workers heard that she had met the girl at a model railway exhibition. Police also presented CCTV footage of her hugging her granddaughter outside a pub.

Mrs Danby was not at the hearing in Birmingham in April to give her version of events but Judge Martin Cardinal said the CCTV showed she was in contempt. He ordered that she be jailed for three months and issued a warrant for her arrest.

However Mrs Danby, who lives in Orkney, said yesterday that no police officers had arrived to execute the warrant. ‘I haven’t been jailed simply because I refused to go down there to court,’ she said, adding that she would refuse to go to prison simply for making contact with her granddaughter.

Ruling: Judge Martin Cardinal said the CCTV showed Mrs Danby was in contempt

‘She is 18 and can decide for herself what she wants to do, she is being denied her human rights,’ Mrs Danby said. ‘She has the educational standards of somebody half her age, and behaves like a much younger child, but she is completely lucid in what she wants.’

Mrs Danby said the girl was moved into care in Derbyshire in 2007, when she was 11, a year after being removed from her father in Orkney. He was banned from seeing her after he was convicted for ill-treatment for restraining her from running into a busy road while she was having a temper tantrum, Mrs Danby said.

She said it was a ‘spurious excuse’, adding: ‘Social services completely cut off contact which was of course cruel to her in the extreme.’ The girl’s father has been jailed twice for trying to contact her – once for waving at her taxi as she travelled to school – she said.

The teenager was in the care home against her will and had run away 175 times, Mrs Danby said.

Judge Cardinal is the judge who sent Wanda Maddocks to jail in secret for trying to free her 80-year-old father from a care home where she feared his life was at risk.

Judge Cardinal jailed Miss Maddocks without publishing her name or making any details of her contempt public. She served six weeks in jail. The case came to light more than six months later and led to new rules so that no one may ever again be imprisoned without their name being published.

In Mrs Danby’s case, Judge Cardinal said that the teenager, named only as B, finds it hard to control her anger, has self-harmed and frequently runs away. Social workers believe her distress increases when she is contacted by her father or grandmother, he said.

Derbyshire County Council said Mrs Danby broke the injunction banning contact by meeting her granddaughter at 5.27pm on February 28 outside the pub next to the care home.

Four days earlier, the teenager escaped from her minder and took a circuitous route to the town of Chapel-en-le-Frith. Judge Cardinal said the girl knew that for the last three years her grandmother has attended a model railway show there in February. She told a care worker that her grandmother had come from Scotland to see her.

‘I am sure this grandmother needs restraint,’ he said.

Last night lawyers were debating whether, by failing to give any information about why Mrs Danby is banned from seeing her granddaughter, Judge Cardinal had met the full requirements brought in after the Maddocks case.