The 24-year-old former student, who gave birth to a girl on 3 November, is fighting a decision by Holloway Prison Governor Mike Sheldrick to refuse her a place in the jail's mother-and-baby unit.

It is the only place where she would be allowed to keep her child.

In what is the first case of its kind, three appeal court judges ruled that the woman, who is breastfeeding her child, was entitled to permission to argue that she had been the victim of procedural unfairness within the prison system.

The jailed mother from south London, who cannot be named for legal reasons, is serving a five-year sentence in Holloway for wounding with intent.

In September a special admissions board refused her request because her "unpredictable behaviour could have put other babies in the unit at risk".

If the High Court appeal is unsuccessful, the child is likely to be put up for fostering.

'No chance to dispute allegations'

The inmate's defence lawyer, Leon Daniel, had argued that the mother, who had only realised she was pregnant after her conviction in February, had been denied a fair opportunity to answer allegations made against her.

She has been accused of violent behaviour and bullying while in prison.

Mr Daniel said the woman had been denied the right to be with her child because the board accepted unproved allegations against her.

Lord Justice Schiemann, sitting with Lord Justice Thorpe and Lord Justice Brooke, said that mother and baby should not be parted until the court had considered the case.

But Eleanor Grey, appearing for the prison service, reminded the judges that they had accepted that they had no power to order the mother and baby to be kept together as it was a decision for the prison.