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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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My wife Holly has recently been diagnosed with Emotionally

Customer Question

HI there, my wife Holly has recently been diagnosed with Emotionally Unstable Personality Disorder and on Saturday received a letter informing her that her licence was being revoked by the DVLA.
My wife is a Paramedic for the NHS!
There was no warning any investigation was being carried out by the DVLA and my wife's mental health care team have not mentioned anything to her about voluntarily handing in her licence, there has been no written confirmation either. My wife has been unable to find out who instigated this and has been given no reason other than for medical reasons, my wife's GP has also tried, in vain, to find out.
Is this the normal way the DVLA go about revoking licences?! Surely they have to give a reason?
My wife medication has been changed (lowered) recently so we believe when the DVLA investigation commenced my wife was on much higher doses of anti-depressants, (the initial diagnosis was peri and anti-natal depression however that diagnosis has now changed thus the change in medication and dosage).
I would be very grateful to hear you initial thoughts on this.
Kindest regards,
Barney (Holly's husband)
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

When was she diagnosed?

How long has she been under the mental health treatment for?

Who has given her the “medical reasons”.

It appears that your wife’s GP is not even aware ofthe issue here. Can you please confirm?

Customer: replied 11 months ago.
Hi, sorry for the delay. We have had some recent developments. My wife was only just diagnosed with EUPD within the last couple of weeks. She had been under mental health treatment since the beginning of the year.
The "medical reasons" is simply what is says in the letter from the DVLA, it transpires my wife psychiatrist contacted the DVLA, she is now on leave until 6/9! She did not inform Holly she was going to contact the DVLA.
Holly's GP is now aware of the issue although wasn’t until my wife spoke with her yesterday.
Holly’s CPN agrees that taking the license from my wife is detrimental to her recovery and has apologised for Holly not being informed. Holly’s psychiatrist is Dr Anna Kilsby at Bootham Hospital York. Her CPN is Joanne Henderson.
You couldn’t write this!
There is a meeting taking place tomorrow at Bootham Hospital to discuss whether Holly can have her licence returned to her, a meeting with a mental health team of which most have never met Holly! Holly’s CPN has advised the “panel” that Holly should have a licence back.
Expert:  F E Smith replied 11 months ago.

The psychiatrist is not under any duty to advise your wife that he has advised the DVLA but for certain notifiable conditions, he is under a duty to advise the DVLA. It would be for the advising psychiatrist to advise DVLA that she should have the licence returned. The CPN just does not have the same clout. It may be that the psychiatrists take notice but the ultimate decision is the psychiatrists.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Ok, thank you. I assume the covering psychiatrist can contact the DVLA and reverse the decision?
Expert:  F E Smith replied 11 months ago.

The decision is up to DVLA, but they will not normally go against the medical experts decision.