Registrar of Approved Driving Instructors v CJ: [2019] UKUT 230 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge on Ward on 24 July 2019.
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Judicial Summary
A First-tier Tribunal allowed an instructor to remain on the register despite a conviction for a road traffic offence of some seriousness. It directed itself properly as to the role of the register in maintaining standards, public confidence in the profession and so on, but concluded for reasons it gave that there were sufficient mitigating circumstances attaching to the offence that the instructor should be retained on the register. That was a decision open to the specialist tribunal; in the absence of a material error of law, the Registrar could not successfully challenge it, even though she perceived the decision as out of line with other decisions of the First-tier Tribunal.