Lee Lockerbie v Registrar of Approved Driving Instructors
[2024] UKFTT 634 (GRC)
Luke Swoffer v Registrar of Approved Driving Instructors
22 November 2024
[2024] UKFTT 1038 (GRC)
First-tier Tribunal
Luke Swoffer appealed a decision about his driving instructor license. The court said there was no actual decision to appeal because the Registrar hadn't yet refused his application; they were just thinking about it. So, the appeal was thrown out.
Key Facts
- •Luke Swoffer appealed a decision (or lack thereof) by the Registrar of Approved Driving Instructors on 28 April 2024.
- •The initial appeal was incomplete, lacking a copy of the decision, a hearing preference, and an explanation for lateness.
- •Directions were issued to rectify the deficiencies on 14 May and 29 May 2024.
- •Swoffer responded, providing a completed notice of appeal and some supporting evidence, including an email dated 4 April 2024 indicating the Registrar was considering refusing his application.
- •The Tribunal later clarified that the 4 April email was not a decision notice but advice; a decision notice with a right of appeal was required.
- •Swoffer failed to provide the required decision notice despite further direction.
- •The appellant's application for a third trainee licence had not been refused; only considered for refusal.
Legal Principles
Right of appeal under Section 131(2) of the Road Traffic Act 1988 for decisions of the Registrar regarding trainee driving instructor licenses.
Road Traffic Act 1988
Tribunal rule 8(2)(a) allows for striking out an appeal due to lack of jurisdiction.
Tribunal Rules
Outcomes
The appeal was struck out.
The Tribunal lacked jurisdiction because no appealable decision (a refusal of the application) had been made by the Registrar. The email dated 4 April 2024 was not a decision notice.
Similar Cases
Iwona Juszczak v Registrar of Approved Driving Instructors
[2024] UKFTT 724 (GRC)
David Waddle v Registrar of Approved Driving Instructors
[2024] UKFTT 721 (GRC)
Daniel Constantinescu v Registrar of Approved Driving Instructors
[2024] UKFTT 646 (GRC)
Nicole Andrea Haggart v The Registrar of Approved Driving Instructors
[2024] UKFTT 439 (GRC)