Mother who failed ‘unimpeachable’ hair-strand drug test fears losing son to adoption

A woman who failed a hair-strand drug test fears that she will soon have to say goodbye to her three-year-old son after losing a roller-coaster battle over his care.

The woman, who comes from Winchester, Hampshire – but lives in London, became embroiled in family court litigation more than three years ago after social workers raised concern because she had a history of drug misuse.

Two years ago, a family court judge ruled that the little boy should be placed for adoption.

The woman, who is in her 30s, insisted that she was no longer a regular drug user.

But lawyers representing a London council with responsibility for the boy said a hair-strand drug test had proved positive.

The woman mounted an appeal.

Court of Appeal judges then said a High Court judge should review the case after concerns were raised about the validity of a drug test carried out on a strand of the woman’s hair.

One appeal judge, Lady Justice King, said the woman had been co-operating with social services. She said the woman had been randomly drug tested more than 40 times and all results were clear.

But one test had been positive. Lady Justice King said she was concerned that the good practice had not been followed when the hair-strand test was carried out.

A year ago, a High Court judge again ruled that the little boy should be placed for adoption after reviewing evidence at a trial in the Family Division of the High Court in London.

A senior barrister who represented the woman again raised concern about the hair-strand test. Sarah Morgan QC argued that the hair-strand test alone could not confirm drug use.

But Mr Justice Hayden said experts had told him that “laboratory procedures” were “unimpeachable”.

Since then, the little boy has lived with a foster carer and the woman has been allowed to visit regularly.

She says she now fears that adopters have been found and she says she is preparing to say goodbye.

“What’s happened is not right,” she said.

“If a jury of my peers had heard of the evidence rather than a judge, there is no way they would have concluded that I am not now capable of caring for him.

“I have stopped taking drugs. I have been to rehab. I used to have a problem, but my life has been transformed.

“Unless there is some last-minute review, my son is going to grow up without the one person who loves him most. His mother.

“He’s been punished for mistakes I made when I was younger. One day he’s going to grow up and ask why this happened.

“One day people may realise that hair-strand tests can be wrongly interpreted.”

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