Licence revoked info (ICA report 2016/17)

Convicted Driver Insurance

diesel2

Member
Found this the other day, and I am only posting this as an information resource for anyone looking to complain to dvla or their gp. (From ICA annual report 2016/17).

The first case is mine (yay I’m famous!). The write up, however, is complete bollocks.

The point I was complaining about was dvla's arbitrary standards, and a failure to follow them. A series of LFT results (below dvla criteria for revocation) covering the year beforehand, were not given to the dvla by the gp at the time. Even after getting a competent gp to send them, they were being ignored, and that these supported my claim that my gp was an idiot. Yet it’s only mentioned as a ‘challenge’ to the original gp’s opinion of dependence, with no assessment. The rest of the points written about were just add-ons to illustrate dvla incompetence by suggesting (twice) that I can go to court if I don't like it, when the time limits have already passed.
The funny thing is, I wanted to get the complaint to the PHSO (because they had written a critical report on dvla), but to do that I had to go through the dvla complaints 2 stage process first, before then going to the ICA (who do not have the remit to challenge medical decisions), so that I can then write to my MP, for permission to go then go to the PHSO, who do have the remit to look in to dvla medical decisions, but suddenly cant be arsed.
Long winded and pointless just doesn’t cover it.

I put the second case in because of the main point:- there is no coherent definition of persistent misuse. If anyone is making a complaint, it might be helpful to their case if they are able to quote it, just don’t hold your breath!
Oh, and there is also the point about just a single tick in a box being enough for dvla to ruin you, and even of the gp writes to take it back, you’re still screwed.


Failure to alert driver to time limits for appealing against licensing decisions

Complaint: Mr AB complained about the basis of the licensing decisions taken in his case and challenged the information provided to the DVLA by his medical practitioners.
Agency response: The DVLA had apologised for the time taken to complete its medical enquiries. It also acknowledged to errors in letters sent to Mr AB that failed to acknowledge that the time limit for an appeal against revocation/restriction of his licences had passed.

ICA outcome: The ICA sympathised with Mr AB in that he had been successful in reducing his alcohol consumption, and there was no direct evidence that his problem drinking had been any threat to public safety on the road. He had not been involved in any accidents, or stopped by the police for drink driving, or advised not to drive by family or employer. But the ICA could not challenge the standards of fitness to drive developed by the DVLA, nor could he identify any maladministration on the part of the Agency when applying those standards following a GP report. The periods of delay were not such that the ICA felt the threshold for a consolatory payment was reached, but he recommended that a reminder be issued to Drivers Medical Group staff about the time limits that apply to appeals against licensing decisions through the courts.


A vocational driver whose revocation was wrongly upheld after he appealed
Complaint: Mr AB, a lorry driver, complained that the DVLA had refused to restore his driving licence thereby depriving him of his living. Mr AB had had a one-off episode of depression that triggered an episode of heavy alcohol use and an overdose. DVLA medical enquiries began. Mr AB’s GP, in error, answered ‘Yes’ to the DVLA question: “In the past 12 months has the patient demonstrated persistent alcohol misuse (including recurrent binge drinking)?” As a result, both of Mr AB’s licences were revoked for persistent alcohol misuse. He was told he would have to be free from persistent alcohol misuse for 12 months, and be able to prove it, before he would be able to drive for a living again.
Agency response: Over the following months Mr AB insisted that his misuse of alcohol had not been persistent. His GP repeatedly wrote to the DVLA explaining that he had ticked the ‘Yes’ box in error. The GP also provided medical records going back several years, none of which contained any reference to alcohol misuse. Despite this, the DVLA doctor reiterated that the revocation should stand and insisted that Mr AB’s use of alcohol had represented persistent misuse. Despite the lack of evidence, the position remained unchanged and Mr AB lost his job. The GP was told that he needed to provide solid proof that Mr AB had not been abusing alcohol the previous summer before his revocation could be reconsidered.
ICA outcome: In his draft report, the ICA highlighted that the requirement to prove that Mr AB had not been misusing alcohol the previous summer was in practice an impossible one to meet. The ICA expressed surprise that a single tick in a box next to the word ‘persistent’, even if rescinded by its author, was deemed sufficient to justify revocation in the absence of any other evidence. The ICA could not think of any other scenario in public administration where so flimsy a piece of evidence could result in the loss of a person’s livelihood. The ICA highlighted the lack of clarity in DVLA guidance as to what persistent alcohol misuse represented. In its response to the draft ICA report the DVLA accepted that it should have restored Mr AB’s licence after his GP had written to clarify that he had made an error in completing the form. The DVLA also contacted the chair of the relevant Honorary Medical Advisory Panel to seek their views on clarifying the definition of persistent alcohol misuse. The ICA recommended that the DVLA should make a consolatory payment of £500 in recognition of its poor service. He also said that Mr AB should consider making a claim for lost earnings given the Agency’s acceptance that it should have re-licensed him as soon as his GP had provided additional evidence.
This had resulted in five workless months and the loss of Mr AB’s job.
 
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