Woman jailed for child cruelty overturns deportation bid Europe's free movement rules state that EU citizens who have committed crimes can only be removed in "exceptional circumstances" and ministers must prove criminals continue to present a "direct threat." Upper Tribunal Judge Jane Coker rejected the Home Office's argument that Henderson would still presented a risk if she became pregnant or met a partner with children. Henderson now has no contact with her three children - who cannot be named for legal reasons - and who are living separately in foster care and with relatives. Judge Coker, sitting in the Upper Tribunal Immigration and Asylum Chamber, said: "She is not a present threat and she does not therefore meet the criteria for deportation as an EU national." Henderson lost an earlier appeal, to the lower immigration tribunal, where judges said they were "satisfied she still poses a problem," but this decision was overturned by Judge Coker. The woman's trial at Newcastle Crown Court heard that after the alarm was raised police arrived to find the room in "disarray." Mark Donkin, prosecuting, said: "There was a smell of dried urine, no bedroom furniture or beds or mattresses, just a carpet and some sheets. The children were all unclothed except the oldest, who was wearing boxer shorts, and there was a bucket in the room with urine and faeces in it. The oldest child told the officer they had been locked in the room all day. On arrest, Henderson was unable to explain why she had left the children alone. A Home Office spokesman said: "We are disappointed with the court's decision in this case. Those who come to the UK must abide by our laws. We will always seek to deport foreign criminals and the new Immigration Bill will make this process easier. In 2012 we removed over 4,500 foreign national offenders.