A simple guide for parents and carers

If drug or alcohol use is raised during Children Act proceedings, the Family Court may ask for hair-strand testing. This can feel worrying, but the test is simply one way of giving the court independent information to help it make decisions about your child’s welfare and safety.
A small sample is usually cut from close to the scalp and sent to a specialist laboratory. Hair grows over time, so the sample can give a general picture of possible use over several months. It cannot usually show the exact day a substance was used or exactly how much was taken. Hair dye can have a big impact on the results.

How does the test work?

At the appointment, the testing company will check your identity, collect a small sample and carefully record how it is handled. The laboratory may divide the hair into sections to give an approximate timeline. Hair grows at different rates, however, so the result should not be treated as a perfect month-by-month diary.

What types of test are available?

Drug testing

The laboratory can look for drugs and the substances produced when the body processes them. This may include cocaine, cannabis, opiates and amphetamines. The result can help show a possible pattern of use, although medication, contamination and hair treatments may also need to be considered.

Alcohol testing

For alcohol, the laboratory may look at two main markers:

• EtG testing looks for a substance produced when the body processes alcohol. It may help indicate repeated alcohol consumption.
• FAEE testing looks for compounds formed when alcohol is present in the body. It can provide supporting evidence about alcohol use.

EtG and FAEE provide different information and can be affected in different ways by bleaching, dyeing, other hair treatments or contamination. The results are therefore often looked at together. The expert should explain clearly what the findings mean and any limits to the test.

Other samples

If there is not enough scalp hair, body hair or nail clippings may sometimes be considered. These samples can still be helpful, but they usually cover a less precise period and are not as good at showing a monthly pattern.

How will the court use the result?

The test result is only one part of the evidence. The court will also listen to what the parents say and consider medical information, other tests, professional observations and evidence about the child’s care and safety.
A positive result does not automatically mean that a parent cannot care safely for their child. In the same way, a negative result may not rule out every instance of use. The court will look at the full picture, including whether substance use has affected parenting and what support or safeguards may help.

How can I prepare?

Tell the sample collector and your solicitor about:

• Any prescribed or non-prescribed medication you take
• Any hair dye, bleach, straightening or other cosmetic treatment.
• Anything else that may affect the sample or result.

Try to be open with the collector and your solicitor. Take the identification requested and keep a note of medication and hair treatments. If anything in the report is unclear, or you think a finding may be wrong, speak to your solicitor as soon as possible. Questions can sometimes be put to the expert, and further testing may be considered.
This article provides general information about the law in England and Wales. It is not a substitute for advice about your individual case.

If you would like to talk things through or need further advice, please contact us here. We are here to help.

 

Article by Rebecca Stewart