This practice direction supplements Part 25 of the Family Procedure Rules 2010

1. This practice direction applies whenever a person seeks to put before the court, or to instruct a person to provide, expert evidence in the form of or based on toxicology testing carried out on a person with a view to establishing whether such testing provides evidence of the abuse of drugs or alcohol.

2. The court will not give permission to put the evidence before the court, or as the case may be to instruct the person, unless the condition in paragraph 3 or 4 is met.

3. Where the testing has not been carried out and a person is seeking to instruct a person to carry out testing or provide evidence on the basis of such testing, the laboratory which is to carry out the testing must at the time of the application for permission to instruct be accredited to—

(a) International Organisation for Standardisation ISO/IEC 17025: 2017 General Requirements for the competence of testing and calibration laboratories; or

(b) International Organisation for Standardisation ISO 15189: Medical laboratories – Requirements for quality and competence.

4. Where the testing has been carried out and a person is seeking to put the evidence before the court—

(a) the laboratory which carried out the testing must at the time of the testing have been accredited to—

(i) International Organisation for Standardisation ISO/IEC 17025: 2017 General Requirements for the competence of testing and calibration laboratories; or

(ii) International Organisation for Standardisation ISO 15189: Medical laboratories – Requirements for quality and competence; or

(b) the court must be satisfied that there are exceptional circumstances justifying giving permission to put the evidence before the court.