FTS understands the pressure faced by Local Authority budget holders and commissioners when seeking expert assessments either in pre-proceedings work or once they have made the decision to issue court proceedings.
We provide a range of tests for drugs, alcohol and DNA for legal proceedings. Our highly trained Customer Service Team is available to provide you with advice on the best testing profile for your case. It is our absolute commitment to ensure that you receive the best value and effective testing. At times, this may involve us advising that the testing goes beyond what is originally requested. However, very often, our advice will ensure that money is saved due to the correct testing profile being used from the outset.
Technical experts are available throughout office opening hours to deal with any queries that you may have. This is a free no obligation service so please contact us at expert@forensic-testing.co.uk for a fast response or call our team.
Our aim is to empower solicitors and social workers to be able to fully understand the complex nature of drug and alcohol testing and to understand the factual influencers that can affect the results. On a number of occasions, we have joined in social work and legal department team meetings to provide training and an update.
To book a slot on our next CPD presentation or if you require further information please contact our team.
What do our customers think?
We used FTS on a unique alcohol testing case and the whole process from start to finish was excellent. The guidance before the instruction was really helpful in deciding what we should be looking for, the bespoke Part 25 went down a treat with the Court and the quality of the final report was outstanding. The evidence provided by FTS was significant assistance in concluding the proceedings in a timely way as there was no doubt about the alcohol usage by the parent in question. This was our first instruction but it certainly won’t be our last!
I have used FTS for some 4 years now, consider them as part of our team and I am happy to recommend them, they add value to our cases by using their experience and expertise to provide reports in which results are considered in context of all potential influences and provide an opinion on the findings. Funding is not an issue with our legal aid cases, we provide a copy of the court order to FTS and they indemnify us against any shortfall in funding and we don’t pay FTS until we have been reimbursed by the LAA.
When asked about substance misuse testing I always recommend FTS, we have used them since 2010 and we have never yet had a report challenged in that time. We are kept informed at all stages throughout the process making sure we know in advance if there are any potential delays, they arrange all appointments with our clients and work to our deadlines. We are able to call any time for free advice which I have even done when at court, this has really helped when there are Expert Report related questions or if I need to ask advice on the most appropriate test profile for my case.
I have been very impressed with your fast turn around and also the clarity of your reports.
Expert analysis and interpretation of test data has helped get the best possible outcome in court proceedings. Read our case studies to find out more.
Industry leading test services
The Forensic Testing Service laboratory 7550 is accredited to the International Standard ISO/IEC 17025:2005 by the United Kingdom Accreditation Service (UKAS) and our experienced team service law firms, local authorities and courts around the country.
Our head office and laboratory are based in Mirfield, West Yorkshire, ideally situated to provide coverage throughout England and Wales.
FTS have raised the bar in reducing the risk of a miscarriage of justice where substance misuse issues are thought to be a factor in care cases – if required, FTS can notify you if other compounds are found when carrying out testing for the drugs specified in the instruction, at no cost.
Bespoke Lab Process for care cases – nothing is left to chance to ensure courts are not mislead
Funding advice
No prior authority required
In line with the 26 week deadline for care proceedings, a new strategy has been introduced to help speed up the process. Obtaining quotes for prior authority creates a lot of work and leads to delays in the process and increased costs, but now thankfully, this is no longer necessary. Furthermore, the LAA have not placed any funding restrictions on testing.
“It is not necessary to apply for prior authority for drug and alcohol tests provided that the tests carried out reflect what has been directed in the Court Order”.
(Drug and Alcohol Testing – page 13) LAA remuneration-of-expert-witnesses-guidance
Where a court order has already been issued and testing is instructed, then all FTS require is a copy of the order and the test profile quoted for will be specifically designed to meet the court order requirements. In the unlikely event that the LAA do not reimburse the full cost of the testing then FTS will provide the supporting information for submission to the LAA to justify the costs and to ensure full payment is received, however if there remains a shortfall in the testing costs then FTS will credit the balance. To date the LSC/LAA have fully reimbursed all FTS invoices since 2010.
Obtaining clear and reliable evidence on substance misuse is complex and time consuming and this has a cost, however if the wrong testing profile is requested, funding is wasted, more costs are incurred and the 26 week time scale cannot always be achieved. FTS can help to get this right by providing expert advice and consultation at any point during the pre-proceedings or proceedings process. FTS offer a detailed recommendation for inclusion in the court order at no cost.
This recommendation can form part of the ‘Experts Response to Preliminary Enquiries’ to comply with paragraph 8.1 of the practice direction accompanying Part 25 of the FPR 2010: PD25B ‘The Duties of an Expert’. In paragraph 5.1 it states:
“The court is under a duty to restrict expert evidence to that which in the opinion of the court is necessary to assist the court to resolve the proceedings.”
In the case of drug and alcohol testing, the costs can only be deemed necessary if the resulting report can reliably answer the question as to whether drugs or alcohol are a factor in the case and are likely to have compromised a parents ability to provide a safe environment for the child.
The FTS process of recommendation, advice and subsequent opinions in the report (not just results), adds value to every case and provides the best opportunity to answer the questions so the right decisions can be made and LAA reimbursement can be secured.
FTS do not expect payment for the reports until reimbursement has been received from the LAA.
The challenges in child care proceedings
Over the past 12 months numerous new initiatives have been introduced to improve the performance of the family justice system and this will continue, for example, the introduction of the pilot PLO for care and supervision has enabled the courts to implement new court processes required to achieve the 26 week time limit for care proceedings. However, for a care or supervision order to be made there must be grounds to support a case that the child is suffering or is likely to suffer significant harm. Frequently drug or alcohol misuse complicates this assessment and this leads to considerable delays when; the wrong testing is used, results interpretation is inconclusive or misleading or when the testing occurs too late in the process.
FTS have introduced a service that improves efficiency in the family justice system where drug and alcohol misuse is involved and reduces delays in the process, consequently I would like to introduce FTS to you and your team to explain why the courts believe it is important we talk to you about the important contribution FTS make in child care proceedings.
Evidence for substance misues is often flawed
There is considerable confusion and misunderstanding with regards to how drug and alcohol testing can be used to obtain reliable and relevant evidence for child care proceedings. This has been exacerbated recently due to the eagerness of testing laboratories to sell testing, resulting in it being oversimplified and inappropriately used.
Pressure on budgets means solicitors and local authorities are demanding the cheapest tests, with serious consequences.
Testing laboratories offer tests that are not fit for purpose or are forced to take shortcuts to reduce prices, compromising the value and reliability of the evidence.
The complexity of obtaining reliable evidence from testing must not be underestimated and consequently it cannot be done “on the cheap”. Test results alone are meaningless unless the test profile is fit for purpose, they are in context with all influencing factors and each case is investigated thoroughly and interpreted by experts experienced in testing for care proceedings.
Producing the evidence required represents a significant challenge to the experts in this field and understandably, is outside the skill and expertise of the LAA, courts, barristers, solicitors and social services. This issue was highlighted in a letter from Her Honour Judge Annabel Carr QC at the Sheffield Combined Court, distributed through the South Yorkshire LFJB:
“The costs to be incurred in the preparation of the testing and reports are wholly necessary i.e. the expertise required is outside the skill and expertise of the court and those already involved as witnesses by reference to the published and accepted research upon which they can rely and of which the court has knowledge”.
“Guidance on the use of testing is therefore crucial and in the best interests of the family justice system. Not engaging with experts for advice on the most appropriate testing may result in inappropriate or misleading evidence, which may lead to the gravest miscarriage of justice imaginable – the wrongful removal of children from their families”.
The consequences of the inappropriate use of testing is a major concern to FTS and the family justice system, with the resulting reports used in the court being frequently inconclusive, misleading, or worse, they come to the wrong conclusion. FTS are increasingly being instructed by the courts to resolve the resulting confusion, but the system would benefit from earlier intervention to ensure there are no avoidable miscarriages of justice and time and public funds are not wasted.
When testing occurs in pre-proceedings there is considerable pressure to purchase the cheapest tests available, which is giving rise to serious deficiencies in the quality and reliability of the evidence produced. This has resulted in wasted time, a significant waste of public funds and more importantly the wrong decisions are being made.
FTS don’t sell cheap tests. If testing and reports are considered to be wholly necessary by the local authority or the court, then the evidence produced must help to establish whether the misuse of drugs and/or alcohol could compromise the ability of a parent or guardian to provide a safe environment for a child. FTS offer a unique process to establish these facts, ensuring the correct tests, testing technology and comprehensive investigations are applied to every case, early in the process. The court report provides a clear, easy to understand and reliable conclusion so the right decisions can be made without any unnecessary delay or extra costs.
FTS are available during normal office hours to provide testing recommendations or general technical advice. FTS frequently provide support to solicitors prior to representation at court and if necessary whilst they are in attendance at the court and do not charge for this service. I would welcome the opportunity to meet with you and your colleagues to discuss how FTS can work with you and your team to assist in providing the best services for children affected within your jurisdiction. I look forward to hearing from you and to meeting up in the near future.
Can young children be tested for exposure or misuse of substances?
FTS have been increasingly asked to test children for exposure to substances accross our drug and alcohol testing profiles. Testing children in childcare proceedings can provide crucial evidence – helping ensure a safe environment for any children involved in the case.
To establish if a child has been exposed to substance misuse or deliberate administration of drugs, is a very complex issue because children are not ‘little adults’, children’s bodies and organ functions are in a continuing state of development throughout their paediatric age. It is not surprising therefore, that the way their bodies respond and deal with drug exposure can differ profoundly from findings in adults.
However, with experience and knowledge in this field, the test results from a child’s hair can not only provide crucial evidence and insight into the potential risks and danger they have been exposed to that would otherwise go undetected, but can also provide reassurance that risks claimed to be present may not be.
Chain of custody
Unique and best practice Sample Collection process, fully trained FTS collectors ensure the chain of custody protocol and diligent collection of all relevant medication, illicit drug and alcohol use history; an extremely important component of results interpretation and reporting.
Unlike other providers our collectors are employed by us, FTS collectors manage the whole process – arranging appointments at your offices, the clients’ home or suitable venue in England and Wales – collecting hair, blood, oral or urine samples.
We can offer same day collections, particularly in an area where we have an advice clinic in court.
Can I request a sample report?
FTS reports are clear and provide an opinion based on our expertise and experience to assist the court in answering the important question:
“whether substance misuse could of compromised the ability of a parent or guardian to provide a safe environment for a child”.
Our opinion covers what all the results mean in context with all potential factors that have influenced the test results, this is designed to avoid the risk of an inconclusive or misleading outcome.
If this is not possible, then FTS provide a comprehensive recommendation for the most appropriate following test profile and schedule to ensure an objective decision can be made on whether substance misuse is or isn’t a factor in the case.
Request a sample of an anonymised report
FTS Experts provide structured and detailed Expert Witness Reports from a combination of toxicology and medical experts:
FTS provide a clear and easy to understand report to suit your/the courts requirements within 10 days from sample collection, FTS aim to meet your deadlines i.e. filing and court dates.
Our Expert Witnesses are available to attend court to explain the testing procedure, their interpretation of results and the chain of custody as required.
How do I get a quote or make an instruction?
In order to ensure you have clear and reliable evidence on drug and alcohol use to meet your timescale for court, we have designed a process, which we believe is the most effective solution.
There are several ways in which you can instruct or request a quote from FTS:
However during the initial period of your company using our service we feel it is important for us to work closely with you whilst you become familiar with our procedures and we understand yours.
1. Telephone our Expert Support Team on 0845 519 6472 request a callback or email telling us that you wish to make an instruction or request a quote. If not immediately available they will return your call promptly.
2. Our Expert Support Team will complete the Questionnaire for you whilst you are on the telephone, typically, we would expect you to provide the following information:
3. On receipt of your referral FTS will send you our response outlining what we understand your requirements for the investigation to be and the costs of these tests.
You can accept the quotation by simple email response, If changes are required you can discuss this further by contacting our Expert Support Team.
4. Once accepted, the process will commence and the Forensic Investigation Officer will contact your client directly or if preferred a sample collection can be arranged through yourselves.
5. You will be notified when each of the following have occurred:
6. Finally, you will receive the Expert Report along with a copy of the Client Questionnaire and an invoice for our services.
