A woman who was found guilty of child cruelty after her partner murdered their six-year-old daughter will go to the court of appeal next month to seek to have her conviction overturned.

Jennie Gray, the mother of Ellie Butler, was convicted having previously admitted perverting the course of justice over her role in a “cover-up” to protect Ellie’s father, Ben Butler. Gray, who is due to be released soon, was sentenced to 42 months in jail, while her partner was sentenced to a minimum of 23 years for murder.

The couple were found guilty of child cruelty for leaving Ellie with an untreated shoulder fracture in the weeks leading up to her death.

Ellie Butler, who suffered ‘catastrophic’ head injuries at home in south London in 2013. Photograph: PA

She suffered “catastrophic” head injuries at the family home in Sutton, south London, in 2013, 11 months after she returned to her parents following a high-profile custody battle. She had been cared for most of her life by her grandparents, Neal and Linda Gray, who did not want her to return to her parents because of concerns about her welfare.

Ellie was returned to her parents’ care in November 2012 after Butler’s conviction for violently shaking her when she was a baby was quashed.

Neal Gray has severed all contact with his daughter. He said he was “very upset” that she had decided to apply for leave to appeal to overturn her conviction for child cruelty. The case will be heard on 23 February. It is possible that part of the proceedings may be filmed.

Butler was accused of beating Ellie to death in a violent rage while home alone with her. Jennie Gray pleaded guilty to perverting the course of justice after admitting her role in an attempt to make it appear that Ellie died two hours later than she had.

Ben Butler was sentenced to a minimum of 23 years in prison. Photograph: Reuters

The couple claimed her death was the result of an accident, with Butler’s defence suggesting Ellie may have fallen while jumping on her bed in imitation of cartoon character Peppa Pig.

The couple have twice appeared via video link from prison at inquest hearings into the death of their daughter, interrupting the proceedings several times.



Linda Dobbs, the retired high court judge presiding over the inquest, said the hearing would be article 2-compliant, meaning 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.