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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75957
Experience:  Qualified Solicitor
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I am about to pursue training as a driving instructor and

Customer Question

Hello, I am about to pursue training as a driving instructor and I'm concerned about my Enhanced DBS check. I have a minor conviction for drug possession from 1999 and a caution from 2014. I have had a recent DBS and this content is filtered under law changes so do not show up any more. However, I'm not sure if this new role will be exempt from the filtering and what my responsibilities are in terms of declaring my record? Equally, I don't know for sure if this will prevent me from getting a DVSA license or if I will be considered "fit & proper" for the role. I have had no issues since this caution and feel I can demonstrate that I am suitable for the training. Please can you advise? Regards, Robbie
JA: Where are you? It matters because laws vary by location.
Customer: I'm in Wirral, Merseyside
JA: What steps have you taken so far?
Customer: Researching DBS requirement online but can't seem to get a definitive answer. It appears that things are considered on a case by case basis
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I'm aware
Submitted: 12 days ago.
Category: Law
Expert:  Ben Jones replied 12 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 12 days ago.

What penalty did you receive for the first offence?

Customer: replied 12 days ago.
I received a £75 fine. I also received a further £75 for failing to surrender to custody. I was 18 and a bit stupid, not realising the consequences of not showing up to court
Customer: replied 12 days ago.
Prefer to just type if that's ok? Money is a little tight sorry...
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now.

You can find the relevant guidance on this here:

(Scroll to 2.5)

Specifically, it states:

Before reaching a decision on whether you’re a ‘fit and proper’ person, the risk you’re likely to pose to pupils is assessed by considering factors like:

whether the caution, conviction or other information revealed is relevant to the ADI role

the seriousness of any offence

the circumstances surrounding an offence and the explanation

the length of time since the offence occurred and if it’s ‘spent’ under the Rehabilitation of Offenders Act 1974

whether there’s a pattern of offending behaviour

whether the circumstances have changed since the offending behaviour

Each case is considered on an individual basis. The ADI Registrar will write to you giving you the opportunity to explain your circumstances before making a final decision.

It then also goes on to say:

You’re unlikely to be ‘fit and proper’ if you’ve been cautioned for or convicted of: possession or supply of drugs.

So I am afraid there is no definitive answer to your query. They will likely see the history of your criminal record and make a decision based on it but just because you have that history does not automatically mean that you will be considered unsuitable for the role. It could be that based on the time that has passed and the minor nature of the penalties, that they would consider this no longer relevant, but you won’t know until you have applied.

Expert:  Ben Jones replied 12 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Thanks Ben, I had already researched those points but I agree, it appears that I'll only know by applying and seeing what happens. Thanks anyway and regards. Robbie
Expert:  Ben Jones replied 12 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best