Hair Test Scrutinized in Custody Battle

A mother, referred to as Emily, faced a legal battle for custody of her daughter after a hair strand drug test indicated ongoing ketamine use. This contradicted her claims of sobriety and rehabilitation efforts since her baby was taken into care in late 2022. The test results, showing high levels of ketamine up to June 2023, were used by the court to deny her reunification request.

Hair strand tests are a common tool in Family Court for assessing parental drug or alcohol abuse. While the science is considered sound, critics argue that factors such as hair type, dyes, and environmental exposure can influence results. In one instance, a father with black dreadlocked hair tested positive for cocaine, a result disputed due to his hair's higher melanin content potentially absorbing traces from the environment.

Emily voluntarily underwent further tests and, with new legal representation, challenged the initial findings. An expert witness conceded that hair straighteners could have moved ketamine traces from the ends of her hair towards the scalp, supporting her claim. Coupled with positive urine tests and a social worker assessment, the local authority agreed for her daughter to return home.

This case, alongside others where parents lost custody based on disputed hair tests, has prompted calls for greater regulation of forensic evidence in the Family Court. The most senior judge in the Family Court has referred the issue to the Family Justice Council for urgent consideration, acknowledging concerns about interpretation and practice.