FT/D/2025/0531 - [2025] UKFTT 01218 (GRC)

I accept the Regulator’s submission that the trainee license is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken.

It is right that the Appellant has had the benefit of a training licence of 1 year and 7 months, which should be ample time to prepare for the third test. Further, the Appellant candidly accepted that she had cancelled one test, and that will have contributed to the delay in reaching her third attempt. I take that into account.

However, there are exceptional circumstances in this case as follows.

First, the availability of examiners at the relevant test centre in early 2025 meant a Part 3 exam that she booked on 30 September 2025 did not take place until 25 March 2025, nearly 6 months later. That is a very significant delay. Further, the Appellant booked her third attempt and was placed on hold on 6 August 2025. She still has not even obtained a date for that test over 3 months later. That is also a very significant delay. Once a date is provided there is likely, based on the Appellant’s previous experience, to be another three months delay before the test.

Whilst I accept that the Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence, the Appellant eloquently explained in the hearing the limitations of that approach in terms of the importance of ‘on the job’ training, the value of teaching a wide variety and a large number of pupils and of the value of having had recent ‘fresh’ experience of that wide variety of regular paying pupils in the run up to a test that assesses a wide variety of challenging competencies.

Second, I accept that the Appellant’s performance in the test in March 2025 was affected by bad news that she received the night before. I accept that she felt unable to cancel the test due to the extreme delays in rebooking a test, and the fact that the clock was ticking on her trainee licences. This contributed to the fact that she has still not passed the test.

Although the Appellant has cancelled one test, she has otherwise acted promptly in booking her tests and the very significant delays I describe above were outside her control.

Having weighed all those matters in the balance, the Appellant has persuaded me that it is appropriate in these particular circumstances to allow the appeal.

The Registrar’s decision is set aside and the appeal is allowed.

The Appellant is granted a third trainee licence with effect from the date of this decision.