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Successful Client Case: Approved Driving Instructor (ADI) Code of Conduct and the DVSA

Our client, an approved driving instructor (ADI) of over 20 years, was called in for questioning by the DVSA regarding allegations by a former female pupil. It was alleged that, over the course of several weeks’ driving lessons, our client had:

  • Made inappropriate physical contact with his pupil,
  • Initiated inappropriate discussions of a personal nature, and
  • Used sexualised / Inappropriate language.

Our client denied such actions with any of his pupils. We accompanied our client to the DVSA interview, which was conducted in the spirit of a police ‘PACE’ interview. Despite our requests, the DVSA interview commenced place with no prior disclosure, meaning our client was not even sure which former pupil was making these accusations until the interview started. Our solicitor Ali Parker advised our client to make ‘no comment’ to all questions but committed to responding in writing.

However, within a few days of the interview, the DVSA investigator referred the matter to the DVSA Registrar to consider whether our client should be removed form the Register. Within two weeks of the interview, we prepared and furnished the DVSA Registrar with a detailed witness statement and numerous attached documents showing our client’s general high standards and reputation, the messages between himself and his pupil spanning 5 months, and also making legal representations about the meaning of ‘inappropriate discussions’ when it was in fact the pupil initiating personal topics of conversations.

Ultimately our client denied any breaches of the ADI Code of Conduct and, within one month of his DVSA interview, the DVSA Registrar decided not to take any further action.

 

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