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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I want a driving assessment after having had a stroke but the

Customer Question

I want a driving assessment after having had a stroke but the DVLA reject my application to have my licence restored. I don't want my licence per se but I want to satisfy myself on my capabilities. Even if the test was positive I would not drive if I was not confident but I need closure to rearrange the rest of my life. I have been advised that I can apply through the courts to achieve this on the basis that human rights dictate that I can't be denied this opportunity.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who told you there was a human rights issue?
On what basis?
Customer: replied 2 years ago.
Expert:  Jo C. replied 2 years ago.
You don't have a human right to drive in the UK.
You do have a challenge on other grounds but it is nothing to do with the HRA.
Any decision of the DVLA can be appealed under domestic law. In fact, the HRA is silent on the point of appeal . We could abolish the court of appeal tomorrow and the HRA would not be engaged.
Nevertheless, if they have given you an adverse decision then there is a route of appeal. You ask them to reconsider. If they refuse you can appeal to the Magistrates Court but before doing so you would need to gather evidence by seeing your own doctor. The DVLA will usually ask you to attend a GP of their choice as well to confirm the findings.
If that is not adequate from your point of view then you can appeal to the Magistrates Court. Usually there is a point to that because people want to drive but you do not so it is something you don't have to do.
You could, in principle, judicially review their decision to refuse you a medical but that is very expensive. It is an option for you though as I don't know what their justification could be for refusing you even the opportunity.
Can I clarify anything for you?