Abdul Masud v Registrar of Approved Driving Instructors
[2024] UKFTT 1024 (GRC)
Michael Hanson v The Driver And Vehicle Standards Agency
4 November 2024
[2024] UKFTT 977 (GRC)
First-tier Tribunal
A driving instructor was fired for acting unprofessionally, including using his phone during lessons and having inappropriate conversations with a student. Even though he denied some of the allegations, the driving instructor had been warned before about similar behaviour. A court decided the driving instructor was rightfully removed from the register and can't teach driving anymore, at least for now.
Key Facts
- •Michael Hanson, an Approved Driving Instructor (ADI), had his name removed from the register.
- •A complaint was made by a pupil's father alleging inappropriate conduct by Hanson, including touching the pupil inappropriately, using a dating app during a lesson, and engaging in unprofessional conversations.
- •Hanson had received a previous warning in 2022 for similar conduct.
- •Hanson denied the allegations but admitted to using his phone during lessons and engaging in personal conversations with pupils.
- •Hanson had not signed up to the voluntary ADI code of practice.
- •The Driver and Vehicle Standards Agency (DVSA) considered Hanson not a 'fit and proper person' to remain on the register.
Legal Principles
Section 123(1) of the Road Traffic Act 1988 prohibits giving driving instruction for payment unless the instructor's name is on the Register of Approved Driving Instructors or they hold a current licence under Section 129(1).
Road Traffic Act 1988
An ADI must be a 'fit and proper person' to have their name retained on the register (Section 128(2)(e) of the Road Traffic Act 1988).
Road Traffic Act 1988
Outcomes
The appeal was dismissed.
The Tribunal found the DVSA's decision to remove Hanson's name from the register was fair and reasonable. The Tribunal considered Hanson's previous warning, his admission of unprofessional conduct (using his phone during lessons and engaging in personal conversations), and the seriousness of the allegations, even though they stemmed from a 'he said, she said' situation. The Tribunal highlighted the unacceptable nature of using a mobile phone during lessons and the importance of maintaining professional conduct with pupils.
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