Last updated on 10th January 2023
This article has been written to help you understand how easy it is to be removed from the ADI register when it comes to inappropriate behaviour. Everyone’s perception of inappropriate is different, so we have drafted this article to help you understand right from wrong in the DVSA’s eyes.
In instances such as inappropriate behaviour, the driveJohnson’s office team will always look to the DVSA for guidance, advice and examples to share with our instructors for educational purposes.
The DVSA have a department which is dedicated to investigating customer or pupil complaints against driving instructors. The Investigations and Counter Fraud Department has a team of 6 investigators whose job it is to investigate complaints which fall within the fit and proper category.
The investigator will interview the pupil first and then the instructor. Based on the findings from both interviews, the investigator will decide if further action needs to be taken, usually involving forwarding the complaint to the DVSA registrar. At the time of the video below, the Head Registrar was Jacqui Turland. Please watch the video, especially between the process (minute 6) to the question section (minute 25).
The DVSA take the following accusations very seriously:
- Inappropriate use of language
- Discrimination
- Unnecessary physical contact
- Intimate relationship with the pupil
- Anything of a sexual nature – such as jokes or use of words towards a pupil
These are examples to give you an idea and is not an exhaustive list.
In 2018, Jacqui Turland made it very clear what her stance regarding the above complaints were in her article.
If you are a driveJohnson’s franchised driving instructor, we expect you to follow the DVSA code of practice, which can be found here.
The DVSA investigation process
- Initial complaint received
- Request a statement from the pupil to substantiate
- Interview the instructor
- Report to the registrar for initial review
- Either no further action, a warning or seek representations/evidence from the instructor
- Final review and decision by registrar
- Removal from register or remain on register
- Appeal
If the registrar removes an instructor from the register, then the instructor can only appeal if a law has not been followed.
How to avoid complaints of this nature
First and foremost, treat your pupils in a professional manner. As Colin Drummond explains in the video, your pupils are not your friends.
It’s important to get along with your pupil; they should feel comfortable and relaxed with you, but you should always refrain from saying or doing anything controversial that may jeopardise your livelihood, such as:
- Adding or replying with kisses or hearts at the end of a text – i.e. “xxx”. Sometimes your pupil may have a habit of putting kisses at the end of their texts but remain professional; we suggest you respond with a smiley face in this instance.
- There are lots of memes going around – please be mindful that just one screenshot of your shared meme message which you find funny could land you in trouble with the DVSA.
- Be mindful what you post on social media, especially if you have pupils following you.
In the video, Colin Drummond says kisses at the end of a text message to a pupil is unacceptable, so please follow his guidance.
Before you do anything, always think: what have you got to gain and what have you got to lose? It may seem painful reading this to some of you, but just think if your pupil turns on you rightly or wrongly, how would that action they complain about go against you if it was reported to the DVSA?
What else can remove you from the register
Driving instructors are being removed from the register if they have acquired six points on their licence. The DVSA has begun cracking down on removing driving instructors that don’t meet their high standards. You can gain six points on your licence from speeding, being on your mobile phone and driving without tax or insurance.
driveJohnson’s office team are here to help our instructors
With over 500 instructors across the UK, we have had instances where an instructor has unfortunately received a complaint. On a few occasions, the DVSA have got involved. So far, we can proudly say we haven’t had in instructor removed from the register for complaints of this nature. However, they have had to defend themselves with our support preparing a defence, then going through the long waiting time for a verdict – this is a daunting prospect which we don’t want any of instructors to go through.
There are many cases where non-driveJohnson’s instructors have been removed from the register, and these are available to see in the pupil domain here.
In the example which can be viewed here, the instructor, amongst other things, said his pupil had a ‘pretty face’ and was removed from the register.
If you are unsure about the content of this page and you would like some extra advice, please get in touch with our office management for advice and extra help if you need it.
