A grandmother has won the right to attend a court hearing concerning her granddaughter.

The issue was who should look after the child after her mother and father separated. The father applied for contact but this was opposed by the mother who accused him of acts of violence. The local authority then became involved after the child suffered a non-accidental injury.

The grandmother was one of several people who could have been responsible. In spite of this, she became a party to the care proceedings because if it could be shown that she was not responsible for the injuries she would then be considered as a possible carer for the child.

When the judge ordered a fact finding hearing to consider the allegations of violence he refused the grandmother permission to attend as an observer.

However, the Court of Appeal then overturned that decision because the grandmother would be a potential carer if she was shown not to have caused the injury and if the mother and father were considered unsuitable to look after their daughter. It would be unfair to make her feel at a disadvantage as she sought to do what she considered best for her granddaughter.