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Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
Substance misuse continues to play a significant role in family law proceedings, influencing decisions around safeguarding, parenting capacity and contact arrangements.
The latest Office for National Statistics (ONS) data confirms that drug use remains widespread, with millions of adults reporting recent use.
Although overall prevalence has remained broadly stable, the scale of misuse and changing profile of substances involved continue to present challenges for courts, reinforcing the need for proportionate, evidence-based drug testing in family proceedings.
The latest ONS figures underline the continued prevalence of drug misuse across England and Wales.
For the year ending March 2025:
While these levels have not increased markedly, they have also failed to decline, indicating that drug misuse remains a persistent issue.
For family courts, this translates into a steady flow of cases where historic or ongoing drug use must be carefully assessed.
The ONS data also challenges long-standing assumptions about who is most likely to misuse drugs. While younger adults continue to report the highest levels of use, there have been increases among older age groups (eg aged 45-54).
This shift is significant for family law, where substance misuse may arise in cases involving older parents or carers.
Socio-economic trends further complicate the picture, with higher rates of Class A drug use reported among higher-income households, undermining assumptions that serious drug misuse is confined to economically deprived groups.
For legal practitioners, these findings reinforce the importance of avoiding assumptions based on age, income or lifestyle. Instead, objective, court-admissible drug testing remains essential to accurately assess risk and safeguarding concerns.
Established substances continue to dominate patterns of misuse.
However, prevalence data alone does not fully reflect the complexity encountered in family law cases. In practice, courts are increasingly dealing with misuse of controlled prescription medications, new psychoactive substances and poly-drug combinations, many of which are not routinely included in standard testing panels.
This is particularly relevant where substances are taken without full awareness of their composition, or where prescribed drugs are misused, complicating disclosure and risk assessment.
Reliance on standard testing panels alone no longer provides a sufficiently accurate picture of an individual’s substance use, particularly where non-standard drugs or poly-drug use are involved.
In family proceedings, a narrow testing scope may fail to identify habitual or problematic use outside standard panels.
Additionally, symptoms of drug use often overlap across different substances, meaning that symptoms alone cannot be used to determine which drugs to test for.
Drug misuse remains a persistent feature of life in England and Wales, with patterns of use that are broad and increasingly complex. As drug use diversifies, testing strategies must evolve accordingly.
Marie Law is Director of Toxicology at AlphaBiolabs. A highly-skilled and respected scientist with over 15 years’ experience in the field of forensics, Marie joined AlphaBiolabs in 2022 and oversees the company’s growing toxicology team. As Director of Toxicology, Marie’s day-to-day responsibilities include maintaining the highest quality testing standards for toxicology and further enhancing AlphaBiolabs’ drug and alcohol testing services for the legal sector, members of the public, and the workplace sector.
Substance misuse continues to play a significant role in family law proceedings, influencing decisions around safeguarding, parenting capacity and contact arrangements.
The latest Office for National Statistics (ONS) data confirms that drug use remains widespread, with millions of adults reporting recent use.
Although overall prevalence has remained broadly stable, the scale of misuse and changing profile of substances involved continue to present challenges for courts, reinforcing the need for proportionate, evidence-based drug testing in family proceedings.
The latest ONS figures underline the continued prevalence of drug misuse across England and Wales.
For the year ending March 2025:
While these levels have not increased markedly, they have also failed to decline, indicating that drug misuse remains a persistent issue.
For family courts, this translates into a steady flow of cases where historic or ongoing drug use must be carefully assessed.
The ONS data also challenges long-standing assumptions about who is most likely to misuse drugs. While younger adults continue to report the highest levels of use, there have been increases among older age groups (eg aged 45-54).
This shift is significant for family law, where substance misuse may arise in cases involving older parents or carers.
Socio-economic trends further complicate the picture, with higher rates of Class A drug use reported among higher-income households, undermining assumptions that serious drug misuse is confined to economically deprived groups.
For legal practitioners, these findings reinforce the importance of avoiding assumptions based on age, income or lifestyle. Instead, objective, court-admissible drug testing remains essential to accurately assess risk and safeguarding concerns.
Established substances continue to dominate patterns of misuse.
However, prevalence data alone does not fully reflect the complexity encountered in family law cases. In practice, courts are increasingly dealing with misuse of controlled prescription medications, new psychoactive substances and poly-drug combinations, many of which are not routinely included in standard testing panels.
This is particularly relevant where substances are taken without full awareness of their composition, or where prescribed drugs are misused, complicating disclosure and risk assessment.
Reliance on standard testing panels alone no longer provides a sufficiently accurate picture of an individual’s substance use, particularly where non-standard drugs or poly-drug use are involved.
In family proceedings, a narrow testing scope may fail to identify habitual or problematic use outside standard panels.
Additionally, symptoms of drug use often overlap across different substances, meaning that symptoms alone cannot be used to determine which drugs to test for.
Drug misuse remains a persistent feature of life in England and Wales, with patterns of use that are broad and increasingly complex. As drug use diversifies, testing strategies must evolve accordingly.
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
