A specialist family lawyer has welcomed calls for tighter controls on DNA testing experts, after an unaccredited DNA testing firm endangered the credibility of a recent child abuse case.
Nick Hodson, an associate at Stephensons Solicitors LLP in Manchester, instructed a DNA testing expert in a recent case involving eight children, some of whom had been subjected to physical, sexual and emotional abuse, and whose parentage was in question.
However shortcomings in the testing company’s systems threatened to undermine the highly complex case, potentially harming the childrens’ futures, leading the judge, Anthony Hayden QC, to call for regulation of DNA test firms used in family cases.
Nick Hodson was the lead solicitor on behalf of the children. He says: “DNA testing has become a major factor in family proceedings, taking particular precedence in recent years. This rise in demand has created huge growth in the market, to such an extent there are now many testing companies making their services available in the UK. Although the vast majority are legitimate and offer a highly-valued service, there are concerns the reliability of the tests are being diluted due to a few ‘rogue traders’.”
Nick believes the role of DNA firms in family cases is becoming more significant partly because immigration has introduced different family models to the UK.
He says: ”Testing DNA to establish paternity is extremely common place but over the last five years a sharp rise in immigration from Africa and Eastern Europe, where the family model is very different to Western Europe, has meant the procedure is much more widely used to determine not only parentage, but sibling-ship.”
Doubts over the credibility of the company which carried out the DNA test arose after the adults in the case questioned some of the findings and claimed the samples were mixed up. Although the accuracy of the scientific results was later proven, on further inspection the company could not provide photographs with each sample, a basic procedure which is in place to make sure sample mix-ups do not happen.
The company also implied on promotional material to be court-approved, and told the court they were working towards industry standard accreditation, but admitted this had not yet been achieved.
Nick adds: “Some firms appear to be ‘court-approved’, but for a DNA testing specialist to be appointed in a child case, they must be approved under the Family Law Reform Act 1969, and meet the standards laid down under section 20, which requires full accreditation by the Ministry of Justice.
“DNA is a trusted source in family law, and these companies are in a position of power and incredible authority. It’s vital that all lawyers are aware they must use an approved specialist.”