Licence Revoked

Yes thanks for your time all. I know in the short term she is going to have to fight for her licence and theirs not much else she can do. I was more just venting my frustration on what is such an unfair system for her.

found this on internet


http://www.motorists-lawyer.co.uk/content/services/DVLA-and-licence-revocation.rhtm

Good find Pete.

As i said earlier the only evidence is hearsay.

I agree with you daveiron, on the point of this interaction the 'evidence' has come from a third party so is hearsay.

To regain the licence, the approach I would personally take is to use the 'common law breach of confidentiality' as legal leverage, that choice is down to your friends daughter though. Might be worth suggesting she gets a free hour with a solicitor to explore this as a possible avenue.

Many public services are, and have been, 'leading beyond authority'.

Now ask yourself a question, why do doctors want you on permanent medication for a variety of conditions you may or may not have, did you inform the DVLA of a change of circumstances? instant breach of contract and you can see the common denominator here, the doctor as they prescribe the medication and inform on you.

She still hasn't managed to get her licence back yet. The stage she is at now is she had to wait for her Doctor to come back from off holiday and she went to see him with her step father this time. The Doctor has wrote her a letter stating that it was miscommunication about her having a drink problem and that her step father backed that up. The DVLA have now wrote back and said they have to get more information from her Doctor and should have an answer for her within 6 weeks.
The story get's even worse now as her insurance has run out and the only thing she has listened to me about is not to try and renew it yet until she has her licence back in case they ask for a code to check it online like they do these days.
Theirs more on this but it all sounds so unbelievable no one would believe how unlucky these friends of mine have been the last few months.

Its a pity she did not listen to you in the first place. It seems clear that the Doctor is now on his back foot ,and made assumptions based not on medical evidence ,but on third party hearsay.
Unfortunately if she will not listen ,what more can you do.

I would advise your friend to go a step further & seek damages against her doctor for financial loss/tort caused as he/she broke confidentially & offered only 'opinion' & as said elsewhere only hearsay evidence.

I've noted in recent years when visiting a doctor i am always asked if i drink (& no i don't look like 'Father Jack'), i rarely do hence the reply as such but i am dubious at times of what i say to a doctor as i really do not trust them.

From the GMC website

Disclosure without consent

Occasionally, there will be circumstances where you have to disclose a patient’s records without their consent (and, rarely, in the face of the patient’s clear objection to disclosure). There are three possible justifications for this:

If you believe that a patient may be a victim of neglect or abuse, and that they lack capacity to consent to disclosure, you must give information promptly to an appropriate person or authority, if you believe disclosure is in the patient’s best interests.

You believe that it is in the wider public interest, or that it is necessary to protect the patient or someone else from the risk of death or serious harm. Examples of this might be to inform the DVLA if someone may be unfit to drive, or to assist the police in preventing or solving a serious crime, or informing the police if you have good reason to believe that a patient is a threat to others.

You should follow GMC guidance (Confidentiality) on disclosure within the wider public interest.
Disclosure is required by law – for example, in accordance with a statutory obligation, or to comply with a court order or a disclosure notice from the NHS Counter-Fraud Service.

I agree, civil tort, doctor admits he has made a mistake and is admitting liability, hopefully in writing. lets hope he doesn't mistakes when operating.

On reflection theirs more to this (there usually is). The girl was under mental health when she was 18 or 19 I can remember this and it was when she was dumped by her boyfriend and she went off the rails a bit like young girls do and her mum who believes Doctors have the answer for everything somehow managed to get her sectioned for a month or so and now she has to renew her licence every 3 years and the Doctor has to fill his bit out, which is when he asked her if she drank and her mum piped up that she binge drinks at weekends and that's what he put on the form. The last 2 times the form was filled in by the mental health team, but this time it was done by her Doctor as she is no longer under mental health care. This is the letter he wrote. I can't post it but can type it out.

I am writing to address a concern raised by the above named patient with regards to a letter she received from DVLA on the **th June 2017.
This letter is to state that the patient is not dependant on alcohol as was portrayed in the letter she received. She stated to me that she only drank alcohol over the weekend but not regularly and she has maintained her jobs Monday to Friday without any issues of concerns raised.
After seeing the patient on the **th of May 2017, she claims to have abstained from any alcohol, a claim which was confirmed by her step father during her last review.
If you require any further information, please do not hesitate to contact.

Yours Sincerely
and then he's signed the letter.

It sounds as if her mum is horrible but she isn't she is one of the kindest human beings you would ever meet and would do anything for anyone, but is totally disillusioned with people in positions of trust and she would be the type who if Trump nuked Korea she would believe they deserved it because the BBC said so.

The poor kid still hasn't got her licence back yet, DVLA needed more information from her doctor which he has faxed over to them. Just waiting on them to review it now and hopefully she will be sorted this week.

So the doctor is not using or giving medical opinion and is using hearsay evidence, highly illegal and unlawful.

Update to this is DVLA now want her to undergo a medical and she's waiting on the letter to tell her how to do this. The girl hasn't been out and had a drink at all since this has happened she's been to scared to. Me personally would have carried on driving but as I have said before even though she's well peed off with them she wouldn't dare do something the authorities tell her not to.

Civil tort?

I agree an action against the doctor should be perused for 2 reasons.

(1) It appears to me to be a very strong case and;

(2) in addition, only by pegging doctors back in the courts when a good opportunity arises will more doctors see the folly of unthinking slavish compliance and obedience to govt 'must do's"

strike while the iron is hot I say.