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Clear and accurate results, turned around quickly, are the expectation from drug and alcohol testing laboratories, whether it’s a legal aid case or one that is privately funded. Where the differences between legal aid funded cases and privately funded cases become more apparent is in relation to the scope of testing. John Wicks, founder of Cansford Laboratories, highlights the key points to consider when making a legal aid claim for drug and alcohol tests and on how to avoid claims being rejected.

Legal aid versus privately funded cases

In private law cases, the parents or guardians usually agree on the need for drug testing, which means they also pay for the test. In public law cases, where certain conditions are met, the testing costs can be covered by legal aid, administered by the Legal Aid Agency.

Public law cases, which are usually issued by local authorities, may be eligible for legal aid to cover drug and alcohol testing expenses where it’s required by the judge and in line with the court order. In these instances, legal aid will cover sample collections, testing and reporting.

A judge will set out the conditions of the test, requesting an assessment of specific drugs over a given time period. For legal aid to cover the cost of that test, it should not stray outside the conditions set by the judge. Legal aid is only granted for the testing of drugs specified in the court order. Claims for drug tests outside of this scope are likely to be rejected. However, there are limited exceptions to this rule, which are outlined further on.

Is legal aid capped for drug and alcohol testing?

If testing is requested by a judge, carried out as directed in the court order, and maximum fees are not exceeded without prior authority, then the Legal Aid Agency will cover the cost of testing that is requested by the court.

If you stray outside or beyond the scope of the court order, however, it may not. For example, if a court order requires that a hair test is necessary and should assess cocaine and heroin use, but the person requesting the test asks the lab to check for cannabis use, the court can refuse to pay for the test. 

Why are some claims rejected?

In very simple terms, some drug and alcohol test legal aid claims are rejected because of errors made during the process. Common errors to be aware of include:

Exceeding the standard testing period

Three months is the standard time period for drug and alcohol testing in public law cases. Legal aid claims can be made for longer periods but only if specified in the court order and if prior authority has been granted to exceed the standard fees. The entire claim could be rejected, leaving you with no legal aid support if both of those conditions are not met.

Using segmented testing

‘Overview testing’ is the default drug and alcohol testing method in public law cases. Segmented (or month-by-month) testing is more expensive and therefore must be specified in the court order to be eligible for legal aid. Where segmented testing is not specified in the court order and where there is no prior approval, claims will be rejected.

Using the wrong testing method

The court will always specify which tests are to be used for drug and alcohol monitoring. Claims for tests not specified in the court order will be rejected.

Are there exceptions to going beyond original scope?

Yes, there are exceptions, but be aware that they do come with certain conditions that must be met for you to be able to claim in excess. Those exceptions include:

• where prior authority has been granted by the court to exceed the fees
• if the court directs additional testing and prior authority has been granted to exceed the fees/rates
• if it is justified on assessment why prior authority was not applied for and why the fees needed to exceed the maximum rates.

Lean on your lab

When instructing a laboratory to carry out testing in a legal aid funded case, the rules are very simple. The testing instruction to the lab must be completely in line with the court order.

We can help alleviate any additional pressure and any risk of scope creep, by working closely with family lawyers. We find it works well when lawyers provide us with the section of the order that refers to the testing. This way, the lab can make sure their quote matches the instruction and there will be no issue with your legal aid claim.

John Wicks is the founder of