Jaswant Dhillon v The Registrar of Approved Driving Instructors
[2024] UKFTT 457 (GRC)
Andrew Rayson v The Registrar of Approved Driving Instructors
9 September 2024
[2024] UKFTT 771 (GRC)
First-tier Tribunal
A driving instructor failed his driving test three times and was removed from the register. He appealed saying he was stressed, but the court upheld the decision because he still failed three times. The court acted as if it was the original decision-maker and made its own decision based on the evidence.
Key Facts
- •Andrew Rayson appealed the Registrar of Approved Driving Instructors' decision to remove him from the register.
- •The removal was due to Rayson failing three consecutive 'continued ability and fitness to give instruction' tests.
- •Rayson attributed his failures to recent family bereavements and subsequent mental health struggles.
- •Rayson provided character references and a letter from his wife supporting his appeal.
- •The Registrar failed to provide a response to the appeal.
- •The appeal was determined on the information provided via a paper hearing.
Legal Principles
An Approved Driving Instructor must submit to a continued fitness and ability test if required by the Registrar.
Road Traffic Act 1988, Section 125(5)
The Registrar may remove an Approved Driving Instructor from the register for failing to attend or failing a continued fitness and ability test.
Road Traffic Act 1988, Section 128(2)(c) or (d)
An appeal against the Registrar's decision is a rehearing; the Tribunal stands in the Registrar's shoes and makes a fresh decision.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31, and Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60
Outcomes
The appeal was dismissed.
The Tribunal considered the three test failures, accepted the accuracy of the test results, and concluded Rayson had not demonstrated the required standard or learning from feedback despite having three chances over eight months.
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