Key Facts
- •Appellant, a driving instructor since 2002, failed three consecutive check tests in 2021 and 2022.
- •Appellant claims his failures were due to a degenerative shoulder condition, constituting a disability under the Equality Act 2010.
- •Appellant argues the DVSA failed to make reasonable adjustments for his disability during the tests.
- •Appellant's medical evidence was substantial, detailing a long-term condition impacting daily activities.
- •Registrar removed Appellant's name from the Register of Approved Driving Instructors.
- •Appellant appealed to the First-tier Tribunal.
Legal Principles
Registrar's power to remove an instructor from the Register for failing a check test is discretionary under section 128(2)(d) of the Road Traffic Act 1988.
Road Traffic Act 1988
Equality Act 2010 (EA) defines disability and imposes a duty to make reasonable adjustments to prevent substantial disadvantage to disabled persons.
Equality Act 2010
Public Sector Equality Duty (PSED) requires public authorities to have due regard to eliminating discrimination and advancing equality of opportunity.
Equality Act 2010, section 149
First-tier Tribunal stands in the shoes of the Registrar, making a fresh decision on the evidence, giving appropriate weight to the Registrar’s decision.
R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31
A two-stage approach under sections 20 and 21 of the EA determines discrimination: (1) failure to comply with a duty to make reasonable adjustments; (2) individual disadvantage due to that failure.
SSWP v R (MM & DM) [2016] AACR 11
Enforcement of EA breaches typically involves county court proceedings or judicial review, not appeals before the First-tier Tribunal.
MM
Article 6 of the ECHR guarantees a fair hearing.
European Convention on Human Rights, Article 6
Outcomes
Appeal refused; Registrar's decision to remove Appellant's name from the Register confirmed.
Appellant failed three consecutive check tests; Tribunal found no breach of EA duties regarding test conduct; no practical remedy available for PSED claim; any Article 6 breach rectified by the appeal process.