FT/D/2025/0417 - [2025] UKFTT 01140 (GRC)

I have carefully considered all of the evidence and submissions in this appeal.

It is not disputed that the Appellant has failed the check test on four occasions over a period of approximately twenty-six months.

The Appellant complains about the conduct of his check tests, particularly the first, third and fourth ones. I note that his complaints in respect of his third check test were not upheld by the DVSA or by the Independent Complaints Assessor. I also note that the Appellant has not appealed to the Magistrates’ Court to challenge the conduct of the fourth check test, which is the appropriate jurisdiction in which to do so. This Tribunal cannot overturn the result of the fourth check test and this is also not the appropriate forum to make a complaint against an examiner.

Whilst I note the Appellant’s submissions that the fourth examiner was biased against him from the start, and that the same examiner had also been involved to some extent in his first check test, it is clear that four separate examiners have all reached the conclusion that, following a check test, the Appellant did not meet the required standard for continuation as an Approved Driving Instructor. I also note that, notwithstanding the Appellant’s contention that he did not receive any feedback after each check test, the scoring records for the first three check tests show that he received feedback in the form of both a breakdown of his scores and via written comments.

In considering afresh whether the decision to remove the Appellant from the Register was correct, I bear in mind the significant importance which attaches to the integrity of the Register. Entry onto and remaining on the Register is a public endorsement of a high standard of competence on the part of the Registrar. Those on the Register must have and maintain such high standards, and the requirement to pass regular tests is one way of achieving that objective. Allowing those who do not meet the standards to remain on the Register would undermine the trust placed in it. This is a matter of significant weight, even if removal from the Register will have consequences for an individual, as I accept is the case here. It cannot be ignored that the Appellant has now failed the check test on four separate occasions.

Having considered all of the facts and circumstances, I consider that the Registrar’s decision was clearly correct and that removal from the Register is the appropriate sanction.

I therefore dismiss this appeal.