FT/D/2025/0774 - [2025] UKFTT 01310 (GRC)

The Appellant submits that he has been limited in being able to provide instruction to pupils because of his other work commitments, which are of course considerable, and his family duties, which involves caring for two young children with his partner. A third child is understood to be on the way. This undoubtedly limits the available time when the Appellant is able to provide instruction to his pupils, which he recognises in his Notice of Appeal where he states “as a full time NHS employee, my availability was limited, and the few pupils I managed to secure were unable to take lessons during my only available times, typically on occasional weekends.”. This does not demonstrate that there has been a lack of pupils for him to provide instruction to, but instead suggests that any difficulties in being able to secure pupils is as a consequence of the restrictions placed upon the Appellant’s time by his family and his other work commitments. The onus is, of course, upon the Appellant to make time to be able to provide instruction to pupils, should he wish to gain sufficient practical experience to prepare for the Part 3 test.

Despite it being a common misunderstanding, it is not the case that individuals are entitled to the continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis that this is an adequate period to prepare for the Part 3 assessment, as it is not necessary to hold a trainee licence in order to either prepare for or take the Part 3 test. It is submitted by the Respondent that six months is a very reasonable period within which to reach the qualifying standard in the examination, and in particular, to obtain any necessary practical experience in tuition. In this instance, the Appellant’s trainee licence has run far beyond the six-month period granted by his licence, which was due to expire on 29^th June 2025. This is as a result of his application for a second licence being made before the expiry of the first and an appeal being made to this Tribunal. He has therefore now had the benefit of a further four months in which to gain practical experience of providing instruction for payment, though I do not take this into account in reaching my decision.

The Appellant has his second Part 3 test booked on 12^th December 2025, which he is not prevented from taking, regardless of whether or not he holds a trainee licence. Should he fail that test, he would have one further attempt at that test, as long as that final attempt were to be completed before 23^rd April 2026, which is the end of the two-year period permitted for him to complete all elements of the examination (his Part 1 test was successfully passed on 23^rd April 2024).

I have regard to the fact that the Registrar is tasked by Parliament with making decisions on licence applications, and that it was not Parliament’s intention that candidates should be given licences for as long as it takes them to pass the examination. In all the circumstances of this case, I do not consider that the Appellant’s reasons are such that it can be shown that the Registrar’s decision was wrong.

The appeal is dismissed.