Jennie GrayJennie Gray (pictured with Ben and Ellie) is set to appeal against her conviction for child cruelty next month
The mother of murdered Ellie Butler will appeal to have her conviction for child cruelty overturned next month.
Jennie Gray was convicted after admitting previously to perverting the course of justice over a ‘cover-up’ to protect the six-year-old’s father, Ben Butler.
Gray, who is set to be released soon, was sentenced to 42 months in prison while her partner received a minimum sentence of 23 years for Ellie’s murder.
They were found guilty of child cruelty for leaving the child with an untreated shoulder fracture shortly before she was murdered.
Ellie suffered ‘carastrophic’ head injuries at the family home in Sutton, South London, in 2013.
Her death came 11 months after she was returned to her parents following a custody battle.
The six-year-old was cared for by her grandparents, Neal and Linda Gray, for the majority of her life.
She was returned to her parents in November 2012 after Ben Butler’s conviction for violently shaking her as a baby was quashed.
Her grandfather Neal Gray, who has severed all contact with his daughter, said he was ‘very upset’ that she had decided to apply for leave to appeal to overturn her conviction.
Gray (pictured) and Butler were found guilty of child cruelty for leaving the child with an untreated shoulder fracture shortly before she was murdered
The case is set to be heard on February 23 and it is possible that part of the proceedings may be filmed.
Ben Butler was accused of beating Ellie to death during a violent rage while he was home alone with her.
Jennie Gray pleaded guilty to perverting the course of justice after admitting to attempting to make it appear that her daughter had died two hours later than she actually did.
The parents claimed the death was the result of an accident.
Butler’s defence was that Ellie may had fallen while jumping on her bed while imitating cartoon character Peppa Pig.
Ellie Butler (pictured) was murdered by her father, Ben Butler, on October 28 2013 at their home in Sutton, south London
The parents have both appeared twice via video link from prison at inquest hearings into Ellie’s death.
Linda Dobbs, the retired high court judge presiding over the inquest, said the hearing would be article 2-compliant, which means the role of the state in Ellie’s death would be examined.
‘Were there failures on the part of the authorities, agencies and individuals to protect Ellie’s life and prevent her death?’ said Dobbs.
The full inquest is due to begin on 12 March.