If the Local Authority has initiated care proceedings and are concerned about your drug use, they may request that you participate in drug testing.
There are lots of different ways to test your level of drug use. These include saliva tests and urine samples. The most accurate method is hair strand testing.
What is Hair Strand Testing?
Hair strand testing can typically reveal your level of drug use month by month. The Local Authority may request testing over a period of either three or six months.
For instance, if they require six months of results and you are asked to provide a sample in early April 2025, the results will reflect your drug use from early October 2024 up to the date of sample collection.
What if I Admit to Drug Use?
At the start of the care proceedings, if you acknowledge to professionals that you have used a particular drug, the Local Authority may not immediately request drug testing. Instead, they might recommend that you engage with drug support services to reduce your drug use over a specific timeframe. The Local Authority may inform you that they would like to receive drug testing results in three months, providing you with an opportunity to reduce your drug use.
Typically, the Court will schedule drug testing for a later date, but it often includes a requirement or the Judge will give a warning that you are prohibited from cutting or dying your hair before the hair strand testing is conducted.
Why Can’t I Cut or Dye My Hair Before the Sample Collection?
Drug testing companies have indicated that cutting or dying your hair prior to sample collection can affect the drug levels detected. For example, dying your hair may dilute the results, leading to an inaccurate reflection of your drug use.
What is an Adverse Inference and How Does It Affect Me?
An adverse inference is a negative conclusion reached by the Court based on the available evidence. If you cut or dye your hair after being advised against it, the Court may interpret this as a deliberate attempt to manipulate your drug test results.
This can adversely impact your case. Even if you have actively engaged with support services and reduced your drug use, 'tampering' with your hair may prevent the drug testing company from providing an accurate assessment. The Court may then perceive this as a deliberate act and conclude that you are using drugs at an unknown level.
The Court will evaluate your drug use alongside the welfare checklist established in Section 1 of the Children Act 1989. They will determine whether your drug use poses a risk of significant harm to the child when making long-term care decisions.
Therefore, it is crucial that you adhere to this advice and consult your solicitor to confirm whether you are permitted to cut or dye your hair during care proceedings in which drug use is a concern.
How we can help
If you require any further information regarding the above, please contact me on 01283 561531 or via email at s.haywood@timms-law.com
For more information on care proceedings, visit out webpage here.
