Michael Kemp v The Registrar of Approved Driving Instructors
[2024] UKFTT 523 (GRC)
Adrian Whiting v The Registrar of Approved Driving Instructors
21 August 2024
[2024] UKFTT 817 (GRC)
First-tier Tribunal
A driving instructor was kicked off the register for threatening a driving examiner. He appealed, saying the accusations were unfair. The judge needed more information before making a decision, so the case was postponed to get more evidence and details.
Key Facts
- •Adrian Whiting's name was removed from the Register of Approved Driving Instructors on July 5th, 2023.
- •The removal was due to Whiting's unacceptable behavior towards DVSA staff, specifically threats against driving examiner Rachel Lincoln.
- •Whiting appealed the decision, claiming the comments were taken out of context and that evidence relied upon was hearsay.
- •Whiting was subsequently convicted of malicious communications and given a fine and restraining order.
- •Whiting's appeal to the Crown Court is pending.
- •The Tribunal adjourned the appeal due to insufficient information to make a proper evaluation.
Legal Principles
Outcomes
Appeal adjourned
The Tribunal lacked sufficient information to make a proper evaluation of the facts. Further information and evidence is needed regarding the conviction, police investigation, complaints made by both parties, and the context of the alleged threats.
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