Concerns around drug use and alcohol use are common in Care Proceedings and Child Protection work. Parents are often worried about what professionals may already know, how concerns will be investigated and whether past difficulties with drugs or alcohol will impact current decisions about their children.
The Court’s role is not to punish parents for past mistakes. The Court must consider whether a child is currently safe and whether there is a risk of significant harm in the future. To do this, the Court may look carefully at any concerns relating to substance misuse and the impact this may have on parenting.
How would the Court or Social Services know about my drug or alcohol misuse?
Information can come from many different sources including police callouts, GP or hospital records, probation services, schools, previous Court Proceedings or information provided by family members or professionals already involved with the family.
Social workers will usually ask parents directly about current and historical substance use during assessments and meetings. They may ask about frequency of use, periods of abstinence, relapses, treatment history and how substance use affects day to day parenting.
Can the Court order drug and alcohol testing?
Yes. The Court can order testing where drug and alcohol use is relevant, or suspected to be relevant, to a child’s welfare. Testing is commonly used during Care Proceedings to help the Court better understand the nature, extent and history of any substance misuse.
There are several different types of testing which may be directed by the Court. Urine testing can identify recent drug use and is often used where ongoing monitoring is required. Blood testing may be used in some cases and breathalyser testing can be directed where ongoing alcohol misuse is a concern.
Hair strand testing is one of the most common forms of testing in Care Proceedings and involves analysing a small sample of hair to identify patterns of drug or alcohol use over a longer period, usually several months. Hair testing may indicate the level of use of both drugs and alcohol.
The Court may also direct nail testing in some circumstance, potentially when there is difficulty in obtaining a hair sample.
The Court may consider missed tests or refusal to engage in testing as part of their overall assessment.
Does substance misuse mean my child will be removed?
No. Substance misuse alone does not automatically mean a child will be removed from a parent’s care. The key issue for the Court is always the impact on the child and whether the child is suffering or is at risk of suffering significant harm.
The Court will consider factors such as the child’s age, the severity and frequency of the substance use, the parent’s ability to prioritise their child’s needs, home conditions, emotional availability, and whether there are protective adults around the child.
The Court will also consider evidence of change. Parents who engage openly with professionals, work with support services, attend treatment appointments and demonstrate sustained stability are often viewed more positively than parents who deny or minimise concerns.
Ultimately the Court is usually less interested in whether a parent has struggled in the past and more focused on whether they can safely and consistently meet their child’s needs moving forward.
If you are worried about how the Court will assess any drug or alcohol use, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
