In the latest episode of the Resolution podcast, S4 Episode 4, esteemed barrister Sarah Branson from Coram Chambers lends her expertise in critically discussing the implications of hair testing evidence in family court proceedings.
Hosted by Anita Mehta and Simon Blain, this episode welcomes Sarah alongside Professor James Coulson, a leading figure in Clinical Pharmacology and Toxicology from Cardiff University.
Listen to the podcast here: Click the play button below
The episode delves into the nuances and concerns surrounding the reliance on hair testing results, particularly the risk of miscarriages of justice stemming from standardised cut-off levels that exhibit racial bias in drug incorporation within hair strands. Sarah highlights that individuals with darker hair can test significantly higher for drug use compared to those with lighter hair, even when substance use is consistent.
Sarah advocates for stringent protocols in hair testing procedures, suggesting that these tests should be treated with the same level of scrutiny as other expert evidence. She has taken steps to create a template letter of instruction (LOI) and order, which is now available on the Resources page of the Coram website.
Professor Coulson agrees with this approach and emphasises the importance of viewing evidence in a broader context. He notes the lack of specialists providing insight into the interpretation of test results in family law, contrasting this with practices in civil and criminal courts where analytical chemists often play a pivotal role.
Throughout the conversation, Sarah reminds listeners to regard numerical results from hair tests as scientific data, while interpretations should be viewed as expert opinions rather than definitive conclusions.
She points to the recent judgment of Lord Peter Jackson in D, Re (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498 (10 May 2024) as a critical legal reference for the ongoing discourse.
For practitioners in the family law arena, this podcast episode is an invaluable resource that addresses the intersection of science and law, advocating for more informed and equitable practices in the use of hair testing as evidence.
For additional details and to access the template LOI, listeners are encouraged to visit the Coram Chambers website.
About Resolution
Resolution is a dedicated community of family justice professionals committed to finding constructive solutions for families and individuals facing legal challenges. Founded in 1982 by a group of visionaries, Resolution has consistently championed a non-confrontational approach to family law, ensuring better outcomes for separating families and their children.
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To access useful information, videos and materials to help you with cases that involve hair strand testing, click here.
