Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you subject to any criminal records checks?
What level check are you due to have done - Basic, Standard, Enhanced?
What conviction did you get?
As a driving instructor, subject to a criminal check, you would need to be considered a ‘fit an proper person’ to be approved by the DVSA. However, the law does not define what a fit and proper person is so it would often be decided on a case by case basis. The DVSA would look at your personal and professional conduct and decide based on that if you are deemed fit and proper to perform this job.
Government guidance states:
Before reaching a decision on whether you are a ‘fit and proper’ person the risk that you are likely to pose to pupils is assessed by considering factors like:
· whether the caution, conviction or other information revealed is relevant
· the seriousness of any offence
· the circumstances surrounding an offence and the explanation
· the length of time since the offence occurred and if it is ‘spent’ under the Rehabilitation of Offenders Act 1974
· whether there is a pattern of offending behaviour
· whether the circumstances have changed since the offending behaviour
Each case is considered on an individual basis. The Registrar will write to you giving you the opportunity to explain the circumstances relating to your caution or conviction in writing before a final decision is made.
It also states that the following would make it unlikely you would be allowed to remain on the register:
“If your DBS certificate shows convictions or in some cases cautions for assault, drugs, fraud or theft and in particular offences involving theft of tuition fees”
As your offence is for drugs that could be considered a serious matter and could affect the ability to continue as an approved instructor. It is not an automatic decision but will likely be taken into account and be treated more seriously than other convictions.
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