dvla refusing to renew a driving licence

[loire2002]

I was wondering if anyone could help us please. My son was diagnosed as type 1 just before his 11th birthday, he was granted a provisional driving licence on his 17th birthday and passed his driving test about 18 months later. He completed his renewal form when it was sent to him however when it asked the question about hypos he did state he had had three in the last twelve months and gave dates and consequently his licence was revoked. The letter that came back stated that he had confirmed these hypos had required the assistance of a 3rd party and therefore he could not drive until he had managed a full 12 months without ANY hypos which is more or less impossible for type 1's. We appealed against this and were told to provide details from his constultant and GP. Both his GP and consultant sent 2 letters each to DVLA appealing against their decision stating my son had never in nearly 10 years required assistance from a 3rd party but we were told the decision still stood. I phoned the DVLA and they confirmed their medical department had looked at my sons case in full and as he had stated his hypos had required assistance on his original application they would not be changing their decision. I told them that the question of requiring assistance was not on the initial form only on the appeal form to which he had stated no but they basically said they were looking at changing the forms to include the question on the initial renewal form but they would not change their mind in my sons case even though they had received letters from the GP and consultant stating that my sons hypos were never severe and had never required assistance from a 3rd party. i asked what further action we could take and I was told that we could take them to court when I asked how long this would take the gentleman I spoke to laughed and said get yourself a lawyer it will cost a fortune and we've never had anyone do this because of the cost and you will not win. My sons car has been on our drive since september taxed, insured cos he doesnt want to lose his no claims bonus should he ever get his licence back, it cost us enough to insure it for him, he does not want to start his insurance from scratch. I have now found out that the DVLA have changed the form to include the question did your hypos require the assistance of a 3rd party and we have therefore completed a new form to reapply and his consultant has once again agreed to provide details to DVLA stating there is no reason why my son cant have a licence. My question is has anyone else had this problem and is there anything else my son can do to get his licence back.

 

[noblehead]

I can understand the DVLA refusing to renew his licence if the hypo's had been assisted by a third-party, however as you say he didn't indicate this then I would insist on seeing a copy of the original application.

The Citizens Advice might be a good place to ask for advice on this matter, alternatively Diabetes UK may be able to help also.

Good luck!

 

[loire2002]

They have sent us a copy of the original form and no where on there did it ask the question were these hypos assisted by a third party, if the question had been asked he would have put no but they are insisting just because he indicated 3 dates their decision stands. I tried telling them that the question wasnt asked on the form but they wouldnt listen and said they agreed that the form was misleading and needed changing. The annoying part is if he reapplied now the form reads have you had any hypos in the last year if so name dates and the question has now been added have these required assistance to which if he had answered no he would probably still be driving

 

[phoenix]

I think that you should also contact Diabetes UK, the charity. I have read that they give can a lot of support in these cases.

I have also read on another forum of a person who with a similar though not identical situation managed to get their licence back . It took a lot of energy, phone calls and she was represented by a solicitor who specialises in these cases.
According to this legal aid is not available to appeal in the magistrates court but it is possible to represent your self according.
http://www.justanswer.com/uk-law/537yi- ... blood.html
It is not true to say that the DVLA never lose in cases where they revoke on medical grounds since in a couple of minutes I've found 2 cases where they did(though neither Diabetes

Googling revoked driving licence medical solicitor finds solicitors who specialises in this type of case(might be expensive

 

[noblehead]

They have sent us a copy of the original form and no where on there did it ask the question were these hypos assisted by a third party, if the question had been asked he would have put no but they are insisting just because he indicated 3 dates their decision stands. I tried telling them that the question wasnt asked on the form but they wouldnt listen and said they agreed that the form was misleading and needed changing. The annoying part is if he reapplied now the form reads have you had any hypos in the last year if so name dates and the question has now been added have these required assistance to which if he had answered no he would probably still be driving

Definitely worth getting some advice on this matter from the those mentioned earlier.