SENIOR judges have slammed the authorities whose actions led to a 71-year-old woman being jailed for helping a loved one get out of care and into the arms of relatives.

Teresa Kirk helped the 81-year-old get to the Portuguese island of Madeira to be with family as he was suffering from dementia and three court of appeal judges have praised her as they revealed why they set her free.

Three Court of Appeal judges said the "circumstances of the case" were of "significant concern".

Mrs Kirk was jailed in August following a Court of Protection hearing in London at which judge Mr Justice Newton concluded she was in contempt of court for helping the man and not returning him to social services.

Lawyers representing Devon County Council had told Mr Justice Newton how social services bosses had responsibility for the elderly man.

They complained that Mrs Kirk had taken the man to a care home in his native Portugal and, in breach of a judge's orders, had refused to return him to England.

The judge's written ruling on the case did not spell out the relationship between the man and Mrs Kirk.

But appeal judges said Mrs Kirk's challenge to Mr Justice Newton's "committal order" had to succeed.

"I am bound to record that I find the circumstances of this case to be of significant concern," said one appeal judge, Lord Justice McFarlane.

"The Court of Protection has sentenced a 71-year-old lady to prison in circumstances where the lady concerned is said to be of previous good character and ... has been acting on the basis of deeply held, sincere beliefs as to the interests of (the elderly man) for whose welfare she is ... genuinely concerned."

The two other appeal judges, Lady Justice Black and Sir James Munby, agreed.

Sir James, the President of the Court of Protection - and the most senior Court of Protection judge in England and Wales, said he shared the concerns outlined by Lord Justice McFarlane.

Appeal judges praised barrister Colin Challenger who had represented Mrs Kirk for free.

Mr Challenger had said Mrs Kirk had been treated unfairly and mounted 13 grounds of appeal.

Lord Justice McFarlane said Mr Challenger's conduct was "worthy of significant praise".

Sir James Munby had said during the appeal hearing that Mrs Kirk had been "failed by the system".

"Of greatest concern ... is the fact that, in circumstances where she should never have been committed at all,

Mrs Kirk languished in prison for almost seven weeks before being released," Sir James added in the ruling.

"How much longer might she have remained there had Mr Challenger not intervened and been so tenacious in his pursuit of her release?"

He added: "A proper system should not permit this to happen. The fact that it did happen here suggests that the systems in place are not adequate."