in the eyes of the law, does she not have the right to be safe, her mum tried to commit suicide twice and is on and off heroin all the time, but my brother fears the court will allow her access again as she walked out 6 months ago and he heard nothing from her until last week her lawyer says she is on a programme and wants access resumed
The UK is a signatory to the United Nations Convention on the Rights of the Child. That means that UK courts are obliged to have regard to the Convention:
http://www2.ohchr.org/english/law/crc.htm
Further, in any family hearing, the court must place the best interests of a child above the interests of all other parties.
i sincerely hope that any contact would initially be supervised. if she does get some access, suggest that the contact takes place somewhere official with social services present. i wish you luck.