DVLA

 

 

 

A similar case

High court case

Analysis

Summary for my MP. December 2011

A plea for an explanation  A reply

Driving Instructor's Report. October 2011 -

  Compare with cover-up report.

Total contradiction

This cover-up report was years after the event.

There had now to be alleged sudden change in behaviour

since I now had copy of the very high marks for the first in-office test.

Caveat

Summary for the Ombudsman. August 2010

 

Postscript, December 2011. My licence returned after three years. Crass mistakes were made by Matt Miller and Sean Lawrence of Hertfordshire Action on Disability (HAD) and also by Dr. J J G Hanley of the DVLA. Their superiors were repeatedly asked to investigate these errors. Instead, HAD threatened me with legal action. As a result, this return of driving licence cost me nearly £5,000 and cost the taxpayer a further estimated £5,000. See http://www.ivorcatt.co.uk/x.htm Ivor Catt 5 December 2011

Analysis of status of Catt Driving Licence

Ivor Catt

 16 February 2010

 

 

Ivor Catt has never had a driving lesson, and in fifty years has never crashed.

 

On leaving hospital in May 2008, Ivor Catt immediately continued driving, driving around England and the continent for a year.

 

Because of his hospitalisation , DVLA then decided that Ivor Catt should have another driving test. This he failed.

 

The test (1) was in two parts. First, in the office, to test for brain damage leading to reduction in ability, for instance, to “double task”, as is necessary while driving. Catt scored highly in the office test.

 

The second part was a driving test in the car, which Catt failed.

 

The report from the testing house to the DVLA was minimal, and did not distinguish between medical condition and driving competence. [Note 1]

 

There were at this stage two possible problems; medical condition and driving competence. The failure report did not discuss medical condition separately.

 

Some months later, Catt’s GP told the DVLA that his medical condition had markedly improved, so the DVLA said he could have another driving test (2), but would not let him [practice driving or] have driving lessons before the test. So the DVLA arranged another driving test, but no retest of medical condition.

 

Since he had previously failed only on driving competence, not on medical condition, he should have been allowed driving lessons before the new test, but they were denied to him. However, before this second test, DVLA wrote to say that if he failed again, a decision might be made to allow him to have driving lessons before a third test (3).

 

[June/July 2010. A decision has now been made, contrary to previous paragraph, to refuse to allow Catt to have driving practice, driving lessons or a driving test. This decision is influenced by the report on my second failure. Since I have now been prevented from driving practice or driving lessons for a year, it should be expected that my driving competence would deteriorate. However, after a year without driving or driving lessons, the second report (which is hard to read) is much better than the first.]

 

Note 1. 30 July 2010. The report form is unclear, but I now realise that there was a distinction made between medical condition and driving competence. The report on medical condition (the in office test lasting more than an hour) contains ten words, as follows;

 

Speech and Language: Satifactory

Memory: Satisfactory

Reasoning Ability: Significant Deficit Noted

Concentration/Attention: Significant Deficit Noted

Behaviour: Extremely Inappropriate

 

During the office test my partner was present, and she will testify that this totally misrepresents what happened.

 

@@@@@@@@@@@@@@@@

 

http://www.ivorcatt.org/x0808.htm

Hertfordshire Action on Disability falsified a test report

Compare with this report 1 and 2

Should the DVLA use HAD?

 

 

@@@@@@@@@@@@@@@@

 

Ivor Catt,

121 Westfields,

St. Albans AL3 4JR

England

+44 (0)1727 864257

19 June 2010

Second copy sent 6 July 2010

Anne Main MP,

House of Commons,

London  SW1A 0AA

 

Dear Anne Main,

 

A process has been going on for two years which exposes a serious problem with the DVLA which is very damaging for me personally but which also has to be dealt with from the point of view of the general public. I analyse it on my website at http://www.ivorcatt.co.uk/x.htm

 

I have never had a driving lesson. After more than forty years of driving without crashing, I have had my driving licence withdrawn. The reason must be driving competence. I am not allowed driving lessons with a view to improving my driving competence. It appears to me that to be allowed to have driving lessons towards improving competence towards (re)gaining a driving licence is a fundamental human right which is being denied to me. Not being allowed to drive has a massive effect on my life.

 

I had a very serious medical problem which was resolved. Then a year ago I passed the exhaustive DVLA medical test with flying colours. However, the DVLA refuse to distinguish between medical condition and driving competence.

 

I have gone through the DVLA Appeals procedure, which is obviously circular. Having exhausted their internal complaints procedure, their procedure indicates that I should then approach my MP.

 

Yours sincerely,

 

(Ivor Catt)

 

@@@@@@@@@@@@

 

I just phoned Theresa, and had a return call from Robert Oxley (and now one from Theresa) in the Anne Main office.
Robert told me I did not need to email Theresa, but for certain reasons I am emailing her and you Robert anyway.

I discuss the case at http://www.ivorcatt.co.uk/x.htm

Ivor Catt.    12 July 2010

@@@@@@@@@@@@@@@

DVLA leaflet INS101 "Customer service guide and what to do if things go wrong. .... The four-step procedure is as follows. .... Step 4 If you think we have not done everything we could have done to settle your complaint, you may want to contact a member of Parliament. They may refer the matter to the
Parliamentary Health Service Ombudsman (PHSO)."

@@@@@@@@@@@@@@@

"Parliamentary and Health Service Ombudsman leaflet.PHSO-0042 November 2009.

 Bringing a complaint to the Parliamentary Ombudsman.
....
....
Complaints about government organisations must be referred to the Ombudsman by an MP.
....
....
If you are still unhappy after you have completed this process, then you should ask an MP to refer the complaint to us."

@@@@@@@@@@@@@@@

I learn that Judicial Review, although very appropriate,

"The procedure can be used where:- an official or body has acted in a way that no reasonable official or body should have acted; or ...."

is very high cost and full of man-traps. I have been in court to witness Judicial Review. That leaves us with the Ombudsman or with hiring lawyers to sue the DVLA. The latter will be expensive.

Ivor Catt

 

 

 

@@@@@@@@@@@@@@@@

 

Ivor Catt,

121 Westfields,

St. Albans AL3 4JR

England

+44 (0)1727 864257

16 February 2010

Second copy sent 5 March 2010

Third copy sent Recorded Delivery 19 March 2010

Fourth copy sent 1 April 2010

 

Dr. J G G Hanley, Medical Adviser,

Drivers Medical Group,

DVLA, Swansea SA99 1TU

Your Ref. M14645260/Dyasonc

 

Dear Dr. Hanley,

 

I failed the driving test on 9 February 2010, failure certificate enclosed.

 

Following your letter dated 25 November 2009, copy enclosed, I particularly refer to your last sentence. I am writing to ask you to give permission for me to have driving lessons leading to another driving test.

 

My analysis of the situation is at http://www.ivorcatt.co.uk/x.htm

 

Yours sincerely,

 

(Ivor Catt)

 

cc Philip Gomm

Head of External Communications

Royal Automobile Club Foundation

89 Pall Mall

LONDON

SW1Y 5HS

 

@@@@@@@@@@@@@@@@@@@@@

 

Ivor Catt,

121 Westfields,

St. Albans AL3 4JR

England

+44 (0)1727 864257

21 April 2010

 

Dr. J G G Hanley, Medical Adviser,

Drivers Medical Group,

DVLA, Swansea SA99 1TU

Your Ref. M14645260/Dyasonc

 

Dear Dr. Hanley,

 

Thank you for your letter dated 15 April.

 

You wrote; “All cases at DVLA are dealt with normally on the basis of date arrival.” This is very wrong in my case, which has drifted on for more than a year (due to DVLA delays) – two years after I came out of hospital. It is not a normal case.

 

You instructed me to “take this reply together with copies of the driving assessments and discuss them with your General Practitioner. If he/she thinks there has been a favourable improvement since your most recent driving assessment .... “ His reaction was the same as mine, that judgement of driving competence is not within his remit.

 

My G.P. Dr. Ferguson told me to ask you to write to him to discuss the matter.

 

When first tested in an exhaustive hour and a half in office test of my medical condition a year ago, the examiners told me I passed with high marks – I would say with nearly 100% marks. That should have ended matters medical. When you let me have another test, you made it only a driving test and not medical, presumably accepting that medical state was not in question. Of course, your major error, since driving competence was the only issue, was to deny me driving lessons. I would repeat that in more than fifty years of driving, I have never had a crash and never had a driving lesson. Obviously driving style is the only issue, requiring driving lessons.

 

My analysis of the situation is at http://www.ivorcatt.co.uk/x.htm

 

I have started your complaints procedure, which I have only now learnt about, writing to Carole Evans, Customer Services Manager, but she forwarded it to Mrs J Brooks, whose letter is headed “Drivers Medical Group”, which my complaint was about. The letter from Mrs. J Brooks expressed regret but she obviously failed to study the case.

 

Yours sincerely,

 

(Ivor Catt)

 

Encl. My summary for Dr. Ferguson on our meeting on 21 April.

 

@@@@@@@@@@@@@@@@@@@@@@@@@@@@

 

 

Driving and medical problems

 

The full text of this letter is an orphan at http://www.ivorcatt.co.uk/9992.htm

Ivor Catt,

121 Westfields,

St. Albans AL3 4JR

01727 864257

31 July 2009

Dr. Ferguson,

Midway Surgery
93 Watford Road
Chiswell Green
St.Albans
Herts
AL2 3JX

Dear Dr. Ferguson,

I don't think you need to read below the line, where there is an analysis of what happened during the medical test. You can reach it all at http://www.ivorcatt.co.uk/9992.htm

All that is needed is that I tell you my proposals, which are as follows.

In early September, on return from four weeks in Cairo and Alexandria, Liba and I will visit you. Then, please get in touch by phone with the DVLA "Medical Adviser" who wrote to you his reaction to the report which you have received, and of which you made a copy for me. He is Dr. J G G Hanley, available between 10am and 1pm at 0870 600 0301

His letter to you is dated 15 June 2009, his ref. M14645260/JB/T7, and the report from the testing house is dated 10 June 2009, medical ref. no. JMD/M14645260/T7. You have both those documents.

In early September you should be able to tell Dr Hanley that my medical condition has significantly improved, justifying a second medical appraisal.

You mentioned driving lessons. For this purpose, the procedure is for you to consult with Dr Hanley to find out what I need to do to get the Provisional Driving Licence, which will enable me to take driving lessons followed by a driving test.

Ivor Catt

Dear doctor Ferguson,

Let me to write you the facts about the test of Ivor, my partner in Forum of Mobility Centres ln Welwyn, Herts. In this center two men, I do not remember their names and I know that they have no names on their cloths, tested Ivor through the different types of the test. They did not explain the tests. Ivor made these tests very easily, pleasently. The atmosfere was very nice and ivor talked about his stay in hospital, about the driving tests which he passed in the past three times, finaly succesfully, he talked about his driving in the past which is without car accidents for fifty years.After cca..thirty minutes Ivor was asked to do the driving by car with these two men, I was nor allowed to be present. After 40 minutes driving Ivor come back to me into the car and said that his driving licence is revoked. For me this decision of these two men was incompetent. Ivor was put into enormes stress with these two men in this mobility center, which efected badly his health and uor life as well. I hope that the doctors will solve this problem honestly and truthfuly.

Thank you very much.

Yours

Sincerely.

Libuse Mikova-Mika

academic painter

partner of Ivor Catt (MA)

 

@@@@@@@@@@@

 

Analysis.

The representative for the DVLA told me that the DVLA only received the two page "Driving Assessment Report" no. D794, which you have. For a two and a half hour session, that is remarkable.

 

From the scanty two page document, it seems impossible to distinguish between "medical assessment" and "driving assessment". Now both of these can change, and I rely on that rather than to go through the arduous procedure of going to a magistrate's court to get the revocation of my licence overruled..

 

The test took place in two halves, first a test in the office, and second a driving test. Liba witnessed the test in the office, which was very good. The testers reported that I scored very high on all the tests. My informant at the DVLA did not know which test the section "Cognitive and Perceptual Assessment" applied to. He checked with his supervision, and then reported that it covered both the office test and the driving test.

I have found out that the test was devised by the Forum of Mobility Centres. It did not come from the DVLA. After the test, the Forum fills in a two page Report given to them by the DVLA. The DVLA does not give the Forum guidlines as to how to fill in the report, and do not know which half of the test, in the office or in the car, are referred to in each section of the resulting report. In my case, the fact that I scored very high in all the tests in the office disappeared from the resulting report.

The two page report makes no attempt to distinguish between medical condition and driving competence. In contrast, the test in the office was an excellent test on medical condition, but there was no evidence of this in the resulting report.

Now medical condition can change, and also driving competence can change. In these circumstances, it is most important to distinguish between medical condition and driving competence. For instance, it bears on your suggestion of driving lessons, which could be expected to improve driving but not medical condition.

 

 

 

I have always passed car driving tests, in England, California and Arizona. Since I passed the English driving test in 1952, I have an impeccable driving record. Not only have I never crashed, but nobody has crashed into me during the 57 years, except for one man some 15 years ago. The police told him he was totally to blame, and his insurance paid. Recently I had a 17 year no claim discount for car insurance. I have been driving wihtout incident for the year since I came out of hospital in May 2008, including driving in the Czech Republic and Austria. My driving during that year is clearly just the same as my driving during the previous 57 years.

@@@@@@@@@@@@@@@@@

 

25 July 2012

Dear Dr. J G G Hanley,

I have just completed a 4,000 mile journey to the bottom of Spain and back without incident.

You will remember that you prevented me from driving for three years, in the end preventing me from practising driving, having driving lessons or having driving tests.

After I had spent £5,000 and the taxpayer had spent an estimated further £5,000, and the case was finally coming to court, the DVLA gave me back my driving licence without my passing a driving test. Your behaviour cost a total of £10,000.

Your behaviour throughout was illogical.

I am very concerned that you may well be behaving in the same way with other drivers, and feel I need to do what I can to prevent this.

I can easily put the whole saga on the www. http://www.ivorcatt.co.uk/x.htm

You may have information for me which will reassure me that you are not doing the same to other drivers, or that you will not do so in future.

Ivor Catt

01727 864257

 

@@@@@@@@@@@@@@@@@@@@

 

Joe Oldman <Joseph.Oldman@ageuk.org.uk>

12:37 PM (22 hours ago)

https://mail.google.com/mail/u/0/images/cleardot.gif

https://mail.google.com/mail/u/0/images/cleardot.gif

https://mail.google.com/mail/u/0/images/cleardot.gif

to me

https://mail.google.com/mail/u/0/images/cleardot.gif

 

 

From: Joe Oldman
Sent: 06 March 2015 12:34
To: 'Ivor Catt '
Cc: valued supporter; Natasha Horsfield
Subject: Older Drivers

 

Dear Mr Catt

 

Thank you for contacting us about your situation and the difficulties you’ve experienced with the DVLA. I think you also recently spoke to Natasha in our campaigns team.

 

Your case highlights administrative and procedural failings in the way your driving assessment was carried out. It also highlights a problem with the complaints system which created unnecessary cost and delay in appealing the decision. We are concerned that all older drivers are treated fairly when required to take an assessment.

 

A decision over the withdrawal of a licence should be based on the ability to drive safely, rather than the age of the driver. Assessments should have clear and consistent criteria and be carried out by qualified people. The criteria used and assessment process are obviously important to protect the safety of the driver, other road users and pedestrians.

 

I’m pleased you won your appeal - but agree that the cost seems excessive – especially given the eventual outcome .

 

Unfortunately we are  not in a position to take up individual cases and we don’t have the resources or expertise to review your case. However, we are looking at the DVLA policy and want to ensure all older drivers are being treated fairly.

 

There are several initiatives we are involved in which you may find of interest.

 

We have been invited to join an advisory group to devise an older driver strategy – which has the backing of the Department of Transport. This will give us the opportunity to raise issues around assessments.

 

We are running a free one day conference in June at the Mobility Roadshow to discuss safety issues for older drivers – which you may be interested in attending.

 

http://www.mobilityroadshow.co.uk/

 

We are members of the Age Action Alliance on Transport – I’ve have put the assessment of older drivers on the agenda for the next meeting.

 

http://ageactionalliance.org/theme/transport/

 

I apologise that we are not able to get more involved in your case – but we are giving consideration to problems with medical assessments and their potential impact on older drivers.

 

If you would like more information about any of the issues above please contact me.

 

Kind regards – Joe Oldman (Policy Adviser – Housing + Transport)

 

 


 


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