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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My partner just fail the new standards check for ADI. We are

Resolved Question:

My partner just fail the new standards check for ADI. We are writing a statment/letter giving the reasons why he shouldn't be removed from the register and provably he will need to apeal to the Magistrate's court. We need legal advice and I would like to find a solicitor specialised with ADI who is nearby us (Romford / London). Do you know od someone?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : On what grounds was he refused?
Customer:

He has failed to pass a test of continued ability and fitnes to give instruction in the driving of motor cars on 3 consecutive ocasions. He has recieved a notice that the Registrar is considering the removal of his name on the grounds that he failed to pass the said test. It also mentions that we can make representations to the Registrar if he feels that his name shouldn't be removed from the register.

Customer:

As his partner I find hard to belief he is not fit as, besides being over a year on this profession and working hard for it, his students passed with high standards (the last pupil who passed 2 weeks he fail his last test just had 1 minor fault and I know that his students performances are always good). My partner is very commited to his work and he knows that his pupils' achievement are proof of his good work and effort.

Customer:


<div id="mf1" class="JA_chatMsgAuthor"Customersays:

6:07 PM



He has failed to pass a test of continued ability and fitnes to give instruction in the driving of motor cars on 3 consecutive ocasions. He has recieved a notice that the Registrar is considering the removal of his name on the grounds that he failed to pass the said test. It also mentions that we can make representations to the Registrar if he feels that his name shouldn't be removed from the register.






6:14 PM



As his partner I find hard to belief he is not fit as, besides being over a year on this profession and working hard for it, his students passed with high standards (the last pupil who passed 2 weeks he fail his last test just had 1 minor fault and I know that his students performances are always good). My partner is very commited to his work and he knows that his pupils' achievement are proof of his good work and effort.



Customer:

Sorry to repeat the answer. I am new to this chat on-line and I don't know how does it work. My sincere appologies.

Alex Hughes : Thanks for the additional information. Can you clarify on what basis they are saying he's unfit?
Customer:

Because he has failed the test 3 times. I can attach the letter and tests done but it won't be until night time as I have to do a PDFs of them today at work.

Alex Hughes : I am available this evening if you send me the document.
Customer:

Good evening/night Alex,

Customer:

I am sorry I can only contact in the evenings and quite late. I am a teacher and I don't arrive home till now. I send the attachments now for you to have a look.

Attachment: 2014-11-10_202042_10_06_14.pdf

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Attachment: 2014-11-10_202114_14_08_14.pdf

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Attachment: 2014-11-10_202143_20_10_14.pdf

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Attachment: 2014-11-10_202224_adi_standards_check_letter.pdf

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The first 3 documents are his tests and the last one the letter he has recieved from the DVSA. I have some extra information from the franchise which can be useful although they are a bit confused as this is the first time this happens to them since the new test was introduced back in April.

Alex Hughes : No problem. I will have a look at the documents now.
Customer:

Thank you. I am looking to copy letter sent form LDC manager wich may be of interest.

Alex Hughes : OK
Customer:

Dear Montserrat,

Does the letter give you a deadline? Can I have a copy of the letter?

We do not have a lawyer/solicitor we could recommend in this matter. We have never defended a removal for a failed Standards test. However If Getachew is a member of the Driving Instructors Association (DIA) or the Motor Schools Association (MSA) I believe they do have legal departments and may be able to recommend someone with knowledge in this matter and it may even be a benefit of being a part of their associations. Failing this the closest type of law practice I would be looking at for advice would be a practice which specialises in employment law. I understand this is not an "employed" situation but in affect it could be argued the removal of Getachew from the DVSA register is he is being dismissed from a job. Your home-owners insurance policy may also provide for some legal cover under this guise so it is worth having a look at your policy if you do have this type of insurance.

Failing the above and remembering the only thing Getachew can appeal against is how the test is conducted (i.e., the procedures) and not the actual decision of the Examiner, there is little to argue even if he does not agree the result was fair whatever the reason. However at the end of the test there is a review section which is part of the test procedure and it does state advice was given to seek further development yet there is no proof that this advice was given. There is proof that the examiner discussed the areas of the test Getachew failed but not how or where to go to seek improvement.

I would argue there is no where to seek "further advice". To the best of my knowledge the DVSA do not published advice sheets regarding the "Standards Check" and there are no approved DVSA trainers to assist in retraining and/or personal development to meet the new "Standards Check" requirements. How can you advise someone to seek something that does not currently exist? The point being, the test includes a place to tick that advice was given but no where to explain what that advice was. This seems like a basic flaw in how the test is conducted and certainly should be reviewed... hence perhaps buying Getachew the opportunity for a retest after being advised on what he needs.

On the same subject. The third and final test Getachew had does not indicate one way or the other advice was given. The box has been missed out with regards ***** ***** yes or no tick. This again to my thoughts, is a procedural error.

Finally, I would state that you just qualified as an instructor about a year ago and were tested under a format that came with PST advice sheets teaching you the core competencies required and yet 12months on they are requiring you to meet a new standard with no advice sheets available making it a guessing game as to what is required.

Customer:

This is the information I have recieved on an e-mail. I just copied as it.

Customer:

I am currently writing the statement with my partner's rasons and views on this case and I need to make sure that there is nothing that can compromise the appeal if this takes place. We are a bit lost / worried...

Alex Hughes : I can see the three fails on tests conducted by two examiners and on each occasion his marks have fallen below the pass mark of 30. He can make representations to the Registrar who, under s.128(5)(c) Road Traffic Act 1988 must take into consideration any such representations made. The law does not specify what the Registrar should take into account but applying basic legal principles we can assume that he should take into account any relevant/rational/reasonable representations that are made: these could include evidence of his competence to date and references from those he has worked with. If there is a question about the procedural aspect of the tests and whether the examiners carried them out properly then these representations should also be made - although even if their is not raised it would not stop him from raising them at an appeal later.
Alex Hughes : I can see the point you're making about being unable to obtain any advice or support about the test itself. But it appears from the questions that they are within the competence of an instructor
Customer:

Thank you.

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