Need for testing in the event of concerns over alcohol use
The local authority has taken my children into temporary foster care as they are worried about my alcohol use. My solicitor has asked me to provide hair and blood samples to test for alcohol in my body. Can they do this and what should I expect?
Hair and blood alcohol tests are often used within family law proceedings where there may be alcohol concerns within the case.
For example, if the local authority are worried that you are regularlydrinkingalargeamount and you do not agree that you are, youmaybeaskedtoagreetoahair and blood alcohol test to provide an indication of your alcohol usage. The tests don’t just look at recent alcohol usage but look at whether you have consumed an excessive amount of alcohol over apreviousperiod,usuallythreeor six-months.
A fully trained sample collector from a professional company will arrange an appointment for samples to be collected either through you directly, or through your solicitor.
They may be able to come to your home. For hair strand testing, it is important that you do not cut,bleachordyeyourhairbefore the samples are taken as this can affect the results of the tests. If you do not have any hair on your scalp, chest, leg and arm hair can be used.
If you do not agree to samples being taken, neither the local authority nor the court (if you are in court proceedings) can order you to be tested against your wishes.
In the absence of testing, the local authority will need to assess any suggested risk from the information that they have and decide what next steps they need to take.
If you are within court proceedings, the court may be asked to decide whether you have misused alcohol on the evidence that they receive from all parties involved in the case.
The court can also be asked to draw a negative inference against aparentwhorefusestoparticipate in the tests. This means that the courtmaydecidethataparenthas deliberately refused to take the test as they have been using alcohol to excess.
A negative inference can also be asked to be drawn if a parent cuts, dyes or treats their hair as it could be suggested that this was deliberately done to prevent an accurate hair strand result as to alcohol use.
It is always important to carefully consider whether you are willing to undergo alcohol testing ratherthanimmediatelyrefusing andtofullyunderstandtheconsequences of any refusal.