DVLA Medical Group Incompetence, GP Reports (and some helpful advice)

[Wilko58]

Hi and apologies for the long post,

 

8 years ago my son woke up on the floor and with a bruise on his face, paramedics called by landlady but said he was fine.

 

5 years ago he had a similar episode and this time went to the doctor who referred him to a consultant who subsequently cancelled as the time scale (between the GP and Consultant) ruled out any chance of a diagnosis and therefore there wasn't a formal diagnosis of what occurred (fit, epilepsy, unknown etc.) but his GP did report it to the DVLA (see next sentence). 

 

Just after, my son's mother died suddenly from a brain haemorrhage and he understandably took it hard and started drinking and sought help from his GP.  By coincidence, the medical forms from DVLA arrived at his GP and, unbeknown to my son, the GP stated that he suffered day time fits and they were alcohol related, neither of which were true or proven (no medical diagnosis of his [2 in 8 years] episodes, no evidence that they were alcohol related [he started drinking after the second episode] and they were both nocturnal). 

 

The form which the GP had to complete is identical to the one the GP completed and there is a part which gives the impression that one has to send your licence back with the form; we now know this is not true as the DVLA have subsequently stated than the licence was voluntarily surrendered and without the proper form.

 

Subsequent to the GP returning the form my son had his licence suspended (6 months I think) but then it became almost a witch hunt of annual DVLA medical tests, all of which were passed with a CDT of less than 0.6, followed by the issue of a 1-year licence and this has continued for the last 4, nearly 5, years.  He only became aware that the GP had completed the form incorrectly about 12 months later but, despite issuing a corrected form, the DVLA continued with the annual medical testing/licence issue.

 

We then found out that the form also stated that my son was binge drinking, which was probably correct at the time, but not only was the GP told that drinking had become limited to 4 cans of standard lager once a week which, by definition, is a) controlled  and b) below the NHS accepted binge drinking limit; the DVLA has not taken notice of either of these. In addition, the GP suggested (not recommend) that my son seek help for his drinking which my son initially ignored but then, at my insistence, joined a local alcohol support group; 3 months later they said there was no point him attending any longer as he didn't have a alcohol problem; again DVLA ignored this fact.

 

My son changed GP shortly after the amended medical form was sent to the DVLA and, despite having never seen his new GP, the DVLA still requested a completed medical form annually.  in 2021 the DVLA requested yet another medical test, which again was passed, but we believe that this time the Dr conducting the test wrote a letter to the DVLA with her concerns as to why my son was having to undergo annual testing; surprisingly (or not) a few months letter my son receives a letter requesting that he take the test again; we try to find out why but they don't respond. A letter is then sent to the Chief Executives Office but they don't reply.

 

In the meantime, DVLA tell my son that his licence has been revoked as he hasn't been for the re-test (they eventually told him that the previous blood sample had gone bad)! This letter contains a shock as it includes a copy of the form completed by my son's GP which states that my son is alcohol dependant! Firstly, my son has never been alcohol dependant, diagnosed or otherwise, and this GP has never seen him!  We put a formal complaint in to the GP and he has admitted that he was wrong and has written to the DVLA stating his error.  He told my son that the way DVLA write to GPs makes them complete the forms with a matter of urgency so they use the patients medical history file and there is no requirement to see the subject - common sense should apply here and a GP should not be compiling a report on someone they've never seen!

 

We still have formal complaints in with both the DVLA Medical group and the Chief Executive's Office but they are taking around 12 weeks to respond.

 

My message to anyone being asked to undertake a medical is to make sure you see your GP before they complete any DVLA forms and ask for a copy once they've sent them in.

 

My question is,

about compensation and advising a solicitor;

does anyone know of a solicitor who specialises in this area?

 

Can the DVLA be sued for incompetence?

Should the GP be sued for providing false information - it effectively contributed to the requirement for annual blood tests, a record that says my son is alcohol dependent and a lot of stress, not to mention the deterioration of his car while he's not been able to drive. 

 

Thanks in advance

 

  

 

 

 

[stu007]

Hi

 

CAG does not recommend specific Solicitors

 

before you decide what to do you need to get hold of the record from his GP and from DVLA about this.

 

His new GP will have all the notes from previous GP Surgery so you need to go via the Data Controller of the New GP Surgery so firstly have a wee look at the New GPs Website on how to request copies of his Medical Records and it is him that needs to make the request in writing. If their is nothing on their website then call them and ask their procedure for requesting copies of his Medical Records. Make sure in the request to use this simple phrase 'ALL DATA'.

 

Have a wee look at this link:

NHS England » How do I get a copy of my health (medical) records?

WWW.ENGLAND.NHS.UK

 

Now with DVLA you need to do a Subject Access Request again in it use that simple phrase 'ALL DATA'.

 

Have a wee look at this link:

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Make a subject access request to DVLA - GOV.UK

WWW.GOV.UK

---

To find out what information DVLA holds about you, and your vehicle, you can make a subject access request (SAR). The quickest way is to fill in the form...

 

Its best to wait to you have the information from both to see exactly what has been going on from both the GP side and DVLA side on how you then proceed.

 

You have done the right thing in making the complaints that you have done already about this.

 

[Wilko58]

Thanks for that,. You've actually just reminded me about his medical records; he had a face to face with his GP over this and received an apology, plus a letter to DVLA correcting the error, and was told he'd get a copy of his medical records, but he's not got them so far.

 

Funnily enough he received a letter from DVLA Complaints (not from the Chief Executive, still waiting for that one) and one thing they said, which is at odds with their website and other letters is that "..where alcohol misuse has been confirmed, a full term licence cannot be considered until the driver has achieved 5 years of controlled drinking".  Even if it isn't new, you think they would have mentioned that in the last 5 years!  I'm guessing his fight is going to be with the two GPs involved for wrongly reporting his medical and drinking in the past.

 

Thanks for the advice so far, I'll get him to chase up his medical records and send a SAR to DVLA.

[BazzaS]

I cant add much, except to say that 'fighting' DVLA Drivers' Medical Group is hard.

 

Document everything. Take copies of everything you send them, and send via Special Delivery (costly, but worth it when they claim not to have received information). Bizarrely, you are in a better position when they refuse a license* : as you can then ask them to reconsider, giving the grounds for reconsideration, and then if they still refuse, take it to a Magistrates' Court.

The downside is that I never found a solicitor who seemed familiar with this and the 'driving solicitors' who advertise seem interested in drink and drug-driving offenses, not licensing.

 

I asked a very experienced Magistrate when it looked like I needed to go to bat for someone: they hadn't ever had such a case brought before them, and werent familiar with it when then also asked their colleagues on that bench.

 

*The reason why I say refusal is better is that at least you have a statutory right of appeal. There is no such right when DVLA 'bury the paperwork', and even if they go outside of their 'expected timeframe', you cant make them make a decision ; sometimes they just leave people in limbo, without a decision you cant appeal it to a court.

 

Record all calls. They'll deny what they said, or deny you said what you did. Then they'll claim there wasn't a complaint. Then they'll say there was a complaint but it was never logged as a complaint. Then they'll say that review of complaints is by the same team "so there is no point'. (Does any of this sound familiar?)

You've done well to get the complaint to their Chief Exec : there is a further escalation (via your MP to the PHSO).

 

The PHSO's report (albeit from 2016) isn't very complimentary about DVLA .....

https://www.ombudsman.org.uk/publications/driven-despair

 

Edited September 7, 2022 by BazzaS

[Wilko58]

@BazzaStheir previous letter (as others before it) didn't answer any of the specific questions (listed as bullet points) that I asked and then said that is the end of the matter as far as DVLA complaints go, seemingly forgetting their own complaints procedures which is the Chief executive, then and independent and then the ombudsman - I'm hoping it gets to the ombudsnman as I'm sure we have got grounds for compensation.  I know my MP very well, but my son is in a different part of the country and not keen on speaking to people.