Zoe Mace's hit album has had its third setback in a week after being thrown out of the official UK classical chart.

The CD Songs for My Sister had reached number two in the chart, pushing Julian Lloyd Webber into third place.

But today it emerged chart organisers had de-listed it for not being classical enough.

The news comes after revelations that BBC Radio 2, the UK's most listened to station, refused to put it on its playlist.

Another setback happened when the Treasury refused to waive the £2 VAT paid on each copy of the £9.99 CD sold.

The CD was recorded at Easter in memory of Zoe's four-year-old sister Jodie, who was born with Down's syndrome and failed to survive heart surgery at the John Radclifffe Hospital in March.

It was released by the 10-year-old to raise money for the Down's Syndrome Association.

Zoe's mum, Linda Mace, of Witney Road, Freeland, said: "I am convinced it is a conspiracy because she stopped Julian Lloyd Webber getting to number two.

"I tried to find out her chart position from the classical charts yesterday and was told she has been dropped because record companies have complained she is not classical enough."

She added: "We are still fighting for air play. All over the world everything is really positive but in the UK the publicly-funded BBC won't play her music."

Mrs Mace admitted the album was on the borderline of being classical, but felt more support should be given to a charity CD.

The Official UK Charts Company said that Zoe's album was taken out of the Classical Charts this week because it did not have 60% classical content.

The inclusion of songs such as Spread a Little Happiness and My Favourite Things had prompted complaints that it was unfair that the album was included in the classical charts.

Paul Clifford, chart operations director, said: "We apologise for any upset caused to the family, but we hope that some of this publicity may help the album to sell more."

The classical charts are compiled by a third party on behalf of the chart company, but following complaints the track listing was looked at again by The Official UK Charts Company.

Mr Clifford said that the classical charts was make available to the whole music industry and some people thought the album was more easy listening than classical.

Zoe's album is still eligible for the main album charts which the company also compiles.

THE CD TRACKS

1. Scarborough Fair

2. Love Song

3. Over The Rainbow

4. Hushaby Mountain

5. Little Ray Of Light

6. Spread A Little Happiness

7. A Nightingale Sang In Berkeley Square

8. My Favourite Things

9. Our Love Is Here To Stay

10. Summertime

11. The Wonder Of You

12. Moonlit Lullaby