LEGAL EAGLE: Need for testing in the event of  concerns over alcohol use

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 regularly drinking a large amount and you do not agree that you are, you may be asked to agree to a hair 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 a previous period, usually three or 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, bleach or dye your hair before 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 a parent who refuses to participate in the tests. This means that the court may decide that a parent has 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 rather than immediately refusing and to fully understand the consequences of any refusal.