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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I am a worker in an agency offering advice to people with alcohol

Customer Question

I am a worker in an agency offering advice to people with alcohol and/or drug problems.

I am being told by my managers that the client has a duty to inform the DVLA of such issues, and that if the client does not provide proof of doing so, that the agency may inform the DVLA. This is being made explicit in a new client contract.

I have questioned this, but I have been told that we have a legal duty to inform the DVLA. Is this the case?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi

It is certainly a drivers responsibility to inform the DVLA of anything that may affect their fitness to drive. Alcohol and drug dependency certainly could.

In terms of your responsibility, that is more of an ethical duty.

Doctors are certainly free to disclose anything to the DVLA that is in the 'public interest'. You will find quite detailed guidance here

http://www.medicalprotection.org/uk/press-releases/clarity-for-doctors-when-disclosing-patient-information-to-the-dvla

From the point of view of your protection though, if you disclose to clients that they only get limited confidentiality before they attend then there are no DPA issues arising.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.
Is it a legal requirement for me to disclose, yes or no? I am being told that it is by my employer.

This insistence will effectively exclude anyone who refuses disclosure to the DVLA, and I am very unhappy to accept the change without a discussion. Are they correct in insisting that weave a legal duty to disclose.
Expert:  Jo C. replied 4 years ago.
Sorry but I don't think I can add anything to what I've said so I will opt out for others.