FT/D/2025/0376/FPP - [2025] UKFTT 01239 (GRC)

Conclusions

If an ADI’s name is allowed to be put on or remain on the Register when they have demonstrated behaviours which are relevant to fitness, this will diminish the standing of the Register and undermine the public’s confidence in the Register. This includes behaviour relating to driving.

Here the Appellant failed to abide by important aspects of road traffic law in exceeding the speed limit on two occasions. The speeding offences of themselves were serious enough for the Appellant to be removed. His failure to notify the Registrar on either occasion served to aggravate this position, and the Tribunal considered that the Appellant did not deal sufficiently with this or appear to have grasped that this was a more serious aspect of his behaviour in his evidence.

The Tribunal was not persuaded by the Appellant’s argument that the protection of students was central to its decision, or that teaching those who might otherwise struggle to pass the test outweighed the Appellant’s failings. Indeed, where students have additional needs arguably more focus and attention is required and lapses of concentration, however momentary, are cause for concern.

The Registrar has the duty of ensuring that only those of appropriate standing are on the Register, that those who are on it understand their responsibilities, and can show they not only know the rules but follow them. It seems to the Tribunal that it would undermine confidence if the Appellant was allowed to remain on the Register. He has repeatedly failed to meet the necessary standards of driving and has compounded this by not notifying his offences to the Registrar in a timely way or at all.

We find on the balance of probabilities that the Appellant does not currently meet the statutory requirement to be a fit and proper person. In all the circumstances, we conclude that the Registrar’s decision to remove the Appellant’s name from the Register as he was not a fit and proper person was correct. We dismiss this appeal.