The government has released on 21.11.2017 information surrounding forensic toxicology tests carried out by two private companies which may prove to be unreliable.

The two companies are now under investigation. The relevant period for when these tests were carried out is between the years of 2010 -2014 and 2013 -2017. This is particularly important where there has been court cases and the court has relied on the toxicology reports as part of their decision making process.

This impacts upon the parties in those proceedings who have had these tests carried out. The link after this article gives information and guidance as to those who may have concerns about potentially unreliable toxicology tests.  In some relevant cases the court could be asked to review final orders made in proceedings where toxicology reports were provided by the two private companies to the Court.

Relevance

This situation is particularly relevant to those parties, particularly in relation to parents, involved in care proceedings and where the child/children has been subject to removal from their parents and made subject to a final care order. It is even more significant where, dependent upon the age of the child/children, a placement order is made which allows the Local Authority to place the child/children for adoption.  Adoption is such a serious order for the Court to make as it effectively removes the parental responsibility from the parents and the adopters of the child/children obtain parental responsibility. This effectively cuts the children/child off from their biological family with no direct contact between the child/children and them except indirect contact, ie post box letters or cards, once or twice a year.  The child/children are then left with the decision as to whether they want to trace their biological family when they reach the age of 18 years.

In respect of criminal and coroner’s cases where such tests have been carried out review is also possible but the criteria for so doing differs for that of family cases involving children.

With regard to civil law cases there is no available information to indicate that these are affected but advice is given as to how the situation can be clarified contained in the below link

Please see more information here:

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