This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

Jean-Yves Gilg

Editor, Solicitors Journal

Good hair day

Feature
Share:
Good hair day

By

Hair analysis is reliable and cost-effective, and can provide vital evidence in a range of cases, but it is important that it is done correctly by the right experts, says Matthew Taylor

Hair testing is unique in its ability to look back months rather than days at drug use, making it essential in child residence, protection orders, family and many criminal cases. By providing information on exposure to drugs over time, hair analysis can be useful in verifying self-reported histories of drug use in any situation in which a past history of drug use is desired.

During controlled tests of hair, a drug user is not able to hide the fact that they abuse drugs. Once ingested, the drug remains in the hair as a permanent record. Drugs '“ and other substances, including alcohol '“ in the bloodstream get trapped in the hair shaft as it grows in the root follicle. Since hair is an inert protein, the drugs remain trapped there until the hair is cut. After about seven days following drug use or exposure, the hair has grown enough to be cropped close to the scalp, providing the perfect history of drug or substance abuse/exposure. On average, hair grows at about 1cm per month, so a 3cm section gives an average over a three-month history of drug use. If more in-depth detail is required, the hair can be sectioned into 3 x 1cm to show what has been taken month by month. Similarly, this can be done for as long back as the subject's hair measures.

Hair testing is widely used by legal/ medico professionals out of choice or by order of a court, etc. The scientific name for this is a 'tricho-test'. If the court rules for a subject to undergo a tricho-test, it just means they require a hair test and not that you must necessarily use any specific hair testing company.

Choosing a hair testing company

The choice of the testing company should be based on the quality and detail of the results and interpretation. When choosing a provider, you should ask several questions:

  • Quality '“ do they meet the required UK, European and worldwide standards? Do they have world-leading experts in the team? Do they deliver the most accurate results available to you/the client/the court or are you settling for 'second best'?
  • Reliability '“ do they deliver what they promise and will you get your results in time? Can you trust them to 'get on with the job' while you get on with yours?
  • 'Chain of custody' '“ do they offer a flexible (to meet your/your client's diary) fully competent and trained collection service to meet legally defensible chain of custody? Do they have robust procedures to ensure this?
  • Choice '“ can they provide the widest range of analyses to meet your/your client's/the court's specific needs? Do they advise what is available and can they offer choice?
  • Ability '“ can they test for the widest range of substances and not just the 'standard panel'? For example, most providers state that they test for benzodiazepines, but they will only test for a small few (the easier ones to detect) and therefore will miss crucial evidence. Do you need to look at all of a specific drug type, not just a limited section of that drug type?
  • Accuracy '“ can they deliver highly accurate and reliable results that will stand up to external scrutiny or challenge? Do they use the latest technology and methods? Do they 'lead' or do they 'follow'?
  • Sensitivity '“ are the analyses sensitive enough to detect drug or substance use or exposure at all levels and not just at the medium-higher levels? For example, cannabis is difficult to detect at low levels, most providers will not inform you of this because they cannot offer a 'low-level' cannabis test. Will you miss that crucial evidence?
  • Customer service '“ are they friendly, professional and how quickly will they respond? Will invoices be sent on time and will they be correct? Are you kept informed of any changes that may happen along the way? Are they available 24 hours a day, 365 days a year? Would you recommend them to peers?
  • Advice and support '“ can you discuss what best suits the case and get ongoing confidential free expert advice throughout the whole process? Can you get an expert witness from a world-leading expert? Does their report hold substance when challenged? Are they experienced in high-profile cases and will their evidence (written or in person) be dependable in court?
  • Cost '“ what are you/the client/the court getting for the money? Is it a good use of public or the client's funds? Will you get the specific evidence you need or will it be ambiguous and therefore open to challenge? If it is done incorrectly or insufficiently the first time, then it may need to be done again and again.

Do your homework. For instance, where the placement and safety of children is concerned, then quality, reliable and detailed results really matter.

Results should leave no room for doubt or wrongful interpretation, which you may get with cheaper, less robust and less thorough hair tests. Before comparing just prices, ensure you know exactly what you are getting for your money. Speak to the professionals and seek advice directly relating to your case. This should help ensure that the advice that you provide to a client or the case is based on knowledge and not solely on initial 'visible' costs.

Segmentation of samples

Have you ever wondered why you should look at segmentation of a hair sample? After all, it seems to be more expensive and we all have a duty of care to public funds (where applicable). The traditional 1 x 3cm sample of head hair will provide an average result over approximately three months. This is fine in some circumstances; however, there are many times where this level of detail is just not enough. Although more expensive in the short term, the segmentation of the head hair sample will provide greater detail that will definitely add value to your case and save time and money in the long term.

It is therefore a much better use of funds to get detailed results of a client's drugs and alcohol use in the first place, rather than less detailed results that may be open to wider interpretation and require further testing at a later date. It is also vital to ensure the client's or child's safety is the primary objective.

A powerful tool

Hair testing offers a unique window of detection for substances, drugs and alcohol. It provides a way for you to look back months rather than days (in the case of blood or urine) and to 'rule in' or 'rule out' drug and alcohol use or exposure to a substance in a specific case. When used correctly, it can be a powerful tool to demonstrate patterns of use or exposure, allowing professionals to make informed decisions to build and support their case adding clarity to allegations or even assumptions. It can give confidence to professionals to make the right decisions at the right time.

There are many applications for this modern technique in all aspects of law. Its application should be considered in length, as well as how the different techniques can be applied to provide a far more detailed history of use, abuse or exposure than often thought. It is proven, reliable, accurate and cost-effective '“ but only when done in the correct manner. It is important to get the right advice and employ the services of the right experts. When you get the best information, it allows you to make the best decisions. It could be the difference between placing children in a harmful environment or one of safety and wellbeing. It may be the crucial part of evidence that can win or lose your case. It could prove or disprove that someone was indeed 'drugged' over time (long or short). Whatever the application, you can guarantee that hair-testing techniques will continue to improve the availability of reliable evidence, much as DNA has in recent times.