Solicitor/Legal advice for Driving Instructor
Discussion
Hi, I wonder whether anyone here has either any good advice, and/or could recommend a decent solicitor.
My brother is a driving instructor.
He qualified in 2007, and his driver instructor permit (excuse the probably incorrect terminology), was renewed in March 2011.
It came up for renewal again at the end of March this year, and this is where the problem lies.
The issue is that there is a conviction recorded on the disclosure report, and the DVSA have written to him informing him that they are considering removing him from the Register of Approved Driving Instructors, due to doubt that he fulfils the requirement to be a “fit and proper person”.
Conviction:
Basically he doesn’t make a lot of money and had previously been claiming a level of benefits.
Due to various circumstances including a vindictive ex, he ended up being accused of failing to notify a change in circumstances, and although he did send letters re. any money he was making, partly due to trying to defend himself rather than using a decent solicitor, he ended up with a conviction for failure to notify change of circumstances with a community order for 100 hours unpaid work. This was in April 2013.
He did the 100 hours working at a charity shop, and continued to volunteer there for several months afterward to help them out.
He is committed to improving road safety and promoting safe driving, particularly since our other brother (who was BiB) was killed in a motorbike RTC 3 years ago leaving a wife and 2 young kids.
He first qualified as a driving instructor at grade 4 which I believe is the lowest level driving instructor..
He went through a standards check in February this year and was rated at Grade A, which I believe is pretty much the highest level.
In addition regarding the disclosure/CRB check side of things, he separately registered with an educational temp agency in May 2014 which required an enhanced DBS check for children and adults as workforce cover/supervisor. He further registered for the DBS Update service in June 2014. The conviction, although listed, wasn’t an issue and he has done some temp work with them carrying out exam invigilation and also some classroom cover/supervision work.
So, bottom line is that it appears he’s ok to teach/supervise children, but the DVSA are considering preventing him continuing as a driving instructor.
He has been given a deadline of until I think around the 3rd June to make suitable representation to them as to why he should be allowed to continue as a driving instructor.
I believe that his case would be helped with suitable professional advice, so if anyone has any advice, or can recommend a suitable legal/professional advisor, it would be very much appreciated.
Many thanks for any responses.
My brother is a driving instructor.
He qualified in 2007, and his driver instructor permit (excuse the probably incorrect terminology), was renewed in March 2011.
It came up for renewal again at the end of March this year, and this is where the problem lies.
The issue is that there is a conviction recorded on the disclosure report, and the DVSA have written to him informing him that they are considering removing him from the Register of Approved Driving Instructors, due to doubt that he fulfils the requirement to be a “fit and proper person”.
Conviction:
Basically he doesn’t make a lot of money and had previously been claiming a level of benefits.
Due to various circumstances including a vindictive ex, he ended up being accused of failing to notify a change in circumstances, and although he did send letters re. any money he was making, partly due to trying to defend himself rather than using a decent solicitor, he ended up with a conviction for failure to notify change of circumstances with a community order for 100 hours unpaid work. This was in April 2013.
He did the 100 hours working at a charity shop, and continued to volunteer there for several months afterward to help them out.
He is committed to improving road safety and promoting safe driving, particularly since our other brother (who was BiB) was killed in a motorbike RTC 3 years ago leaving a wife and 2 young kids.
He first qualified as a driving instructor at grade 4 which I believe is the lowest level driving instructor..
He went through a standards check in February this year and was rated at Grade A, which I believe is pretty much the highest level.
In addition regarding the disclosure/CRB check side of things, he separately registered with an educational temp agency in May 2014 which required an enhanced DBS check for children and adults as workforce cover/supervisor. He further registered for the DBS Update service in June 2014. The conviction, although listed, wasn’t an issue and he has done some temp work with them carrying out exam invigilation and also some classroom cover/supervision work.
So, bottom line is that it appears he’s ok to teach/supervise children, but the DVSA are considering preventing him continuing as a driving instructor.
He has been given a deadline of until I think around the 3rd June to make suitable representation to them as to why he should be allowed to continue as a driving instructor.
I believe that his case would be helped with suitable professional advice, so if anyone has any advice, or can recommend a suitable legal/professional advisor, it would be very much appreciated.
Many thanks for any responses.
Their beef will be the fact that he didn't inform them. One of the conditions of being on the ADI register is that you must inform them of any convictions, motoring or criminal, immediately. The letter is a standard one they send out when things like this happen. He needs to write back explaining everything, grovel at the end to say it won't happen again, and they'll probably send him back a letter saying that after further consideration they are allowing him to remain on the register. I know this has happened to other ADI's I know and that has been the outcome. I'm an ADI myself not a law professional, so they may give other advice, that's just what I know has happened before...
taffyboy said:
Their beef will be the fact that he didn't inform them. One of the conditions of being on the ADI register is that you must inform them of any convictions, motoring or criminal, immediately. The letter is a standard one they send out when things like this happen. He needs to write back explaining everything, grovel at the end to say it won't happen again, and they'll probably send him back a letter saying that after further consideration they are allowing him to remain on the register. I know this has happened to other ADI's I know and that has been the outcome. I'm an ADI myself not a law professional, so they may give other advice, that's just what I know has happened before...
HI Taffyboy,Many thanks for your response - we're just finalising a response to them along these lines - explaining why he didn't inform them and also why he thinks they should allow him to continue as an instructor.
Hi 7mike,
Unfortunately he's not currently a member of the ADI associations. Something he is looking to address now.
More than happy to hear if anyone else has any further input.
Many thanks.
Update/Conclusion
As per Taffyboy's suggestion, he wrote back explaining the situation, why he forgot/overlooked informing them, apologised and assured them it wouldn't happen again.
He received a letter back telling him off, but they have accepted his response and he's been allowed to remain on the register so all good.
Many thanks for the advice,
Conrad.
As per Taffyboy's suggestion, he wrote back explaining the situation, why he forgot/overlooked informing them, apologised and assured them it wouldn't happen again.
He received a letter back telling him off, but they have accepted his response and he's been allowed to remain on the register so all good.
Many thanks for the advice,
Conrad.
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