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DVLA Medical Group Experience
Hi There,
Hopefully someone can help with some advice with the legal position of this, whether the issue is worth pursuing in any way in terms of litigation. I'll try to keep it as short and to the point as I can without conveying too much of the emotional cost of the situation, suffice to say that it has affected me profoundly and is quite a complex situation to pick through.
I have up until December 2019 had my Category B driving licence revoked, I have thankfully had it reinstated as I have satisfied the requirements and but limited for one year which is having a negative effect on finding driving work. I don't know how long I have to continue to have this 'blot on my copybook' and have been unfortunately unable to get any clarity.
I have ongoing mental health problems being diagnosed with Borderline Personality Disorder, Anxiety Disorder and Depression and up until April 2019 I had been drinking over the recommended weekly limit set by the government of 14 units. I had been drinking around 20-25 units per week maximum in the evenings, this comprised around four cans of beer twice a week in my home, when I did not have any plans for the next day. It's also worth noting that this was the pattern during periods of unemployment and would not always be a constant pattern. I have been driving a car since 2006 and have no points on my licence and always have strived to be a responsible driver to the best of my ability, this includes not driving while under the influence. Obviously it is only 'my word' but there has to be an element of trust in common sense from the authorities. It's no surprise then that it's not through luck alone there has not been any incident or situation that has led to any doubt being raised about my fitness to drive, that is until recently!
In June 2018 I went to the A&E following taking an overdose of Paracetamol, I had been suffering from a bout of depression and from the failure of a relationship. I suspect also that an addition of new medication may have had a part to play in the mix. I regret this situation profoundly and it is not an experience that I want to repeat. Admittedly there was alcohol present on that occasion and was around 4 cans of beer at about 5% volume. Following that occasion I had taken part in an emotional skills workshop provided by the NHS mental health team from June to September 2018 and had seen a psychiatrist to have my medication reviewed and changed. I was driving my car from my home to these sessions on a weekly basis with no apparent thoughts of concern to either my own or other road users safety. My alcohol intake had remained around 20-25 units per week.
In February 2019 I (naively with hindsight) wanted to explore career options as a driver and requested the paperwork to obtain a Category C licence from the DVLA. I paid for a sight test and asked my GP to do a medical which I paid the practice a private fee of £100. I asked my GP for their opinion before I booked the medical whether because of my history of mental health problems it was advisable to explore this route and was reassured that it was unlikely to be an issue.
During the paid for private medical with my GP, we had discussed alcohol intake and stated honestly that my intake was above the recommended weekly intake of 14 units and was around 20-25 units. I again asked whether this may be an issue and was told to 'try and get it down to the 14' but wasn't met with a great deal of concern from them. I did say during the medical assessment (not sure why given the benefit of hindsight) that 'I guess by definition you'd call me a binge drinker'. I had always been open and honest about my alcohol intake and its interaction with my mental health problems throughout all my meetings over the years with my GP's, my fitness to drive was not raised in those meetings and they had never expressed concern that my health could impact my driving ability.
Following a wait of 2 months and enquiries on the phone to the DVLA Medical Group who simply said that 'things were in hand', I received a letter on April 2019 stating that as I have a history of persistent alcohol misuse that my Category B license was revoked and that I must not drive for 6 months. Those 6 months were obviously very difficult to manage with the loss of my independence and living in a rural area with very limited public transport.
I asked the DVLA Medical Group to explain how they had reached their decision and they sent me a copy of the form they had received from my GP who they had written to again as part of their investigation.
The GP had filled in this form without my prior knowledge and in their comments had stated that I had 'taken overdose while intoxicated' and was a 'binge drinker', comments that I felt had been taken out of context and had obviously been construed by the DVLA Medical Group as an immediate risk to my own and other road users safety. A statement that I didn't feel was accurate or conveyed the more complex and nuanced nature of the circumstances. I can understand however given this how the DVLA had arrived at the decision that they had.
From April 2019 up to now (May 2020) I have been abstinent from alcohol, and wanted to do every thing that I could to re obtain my licence. From April 2019 to August 2019 I had been to see the same GP monthly and wanted to make sure that evidence of my alcohol abstinence was well documented having Gamma GT blood tests monthly; the results of which my GP assured me would be acceptable by the DVLA Medical Group, but I subsequently discovered that was no longer considered to be an accurate test.
On 12th November 2019, I attended an independent DVLA medical assessment involving a physical examination, a questionnaire and CDT blood test. I stated that I had been abstinent from alcohol since April 2019, the doctor I visited explained that because the questionnaire being filled in asked about alcohol intake 'within the last year' the answer should be aggregated and that my weekly intake was 10-15 units per week. The result of my CDT test was 0.8% which indicated no recent excessive alcohol intake and the DVLA reinstated my licence in December 2019 being limited for 1 year pending another independent medical assessment on renewal. The limited nature of the driving licence issue is obviously a barrier to me finding work and has implications with insurance.
I understand the DVLA Medical Group's cautious approach and having safety as their primary remit and that their decision is based on the evidence that they have been provided with, however it seems overly punitive and is very similar to that of someone who has been caught and charged with drink driving. I don't know for how long that I will be issued with temporary licences and for how long I have to submit to medical assessments before the DVLA Medical Group are satisfied that I am no longer a risk to myself or others behind the wheel.
There is a sense of injustice to this entire experience and I would be interested to know your thoughts, whether it is an occurrence that you have come across before and whether there are grounds (if any) to make any legal challenges against those involved. Apologies for the vagueness as I'm not really clued up! It has had a negative impact on my mental health and I do have regular bouts of depression even whilst being alcohol free.
Please let me know your thoughts and apologies again for the length!
Hopefully someone can help with some advice with the legal position of this, whether the issue is worth pursuing in any way in terms of litigation. I'll try to keep it as short and to the point as I can without conveying too much of the emotional cost of the situation, suffice to say that it has affected me profoundly and is quite a complex situation to pick through.
I have up until December 2019 had my Category B driving licence revoked, I have thankfully had it reinstated as I have satisfied the requirements and but limited for one year which is having a negative effect on finding driving work. I don't know how long I have to continue to have this 'blot on my copybook' and have been unfortunately unable to get any clarity.
I have ongoing mental health problems being diagnosed with Borderline Personality Disorder, Anxiety Disorder and Depression and up until April 2019 I had been drinking over the recommended weekly limit set by the government of 14 units. I had been drinking around 20-25 units per week maximum in the evenings, this comprised around four cans of beer twice a week in my home, when I did not have any plans for the next day. It's also worth noting that this was the pattern during periods of unemployment and would not always be a constant pattern. I have been driving a car since 2006 and have no points on my licence and always have strived to be a responsible driver to the best of my ability, this includes not driving while under the influence. Obviously it is only 'my word' but there has to be an element of trust in common sense from the authorities. It's no surprise then that it's not through luck alone there has not been any incident or situation that has led to any doubt being raised about my fitness to drive, that is until recently!
In June 2018 I went to the A&E following taking an overdose of Paracetamol, I had been suffering from a bout of depression and from the failure of a relationship. I suspect also that an addition of new medication may have had a part to play in the mix. I regret this situation profoundly and it is not an experience that I want to repeat. Admittedly there was alcohol present on that occasion and was around 4 cans of beer at about 5% volume. Following that occasion I had taken part in an emotional skills workshop provided by the NHS mental health team from June to September 2018 and had seen a psychiatrist to have my medication reviewed and changed. I was driving my car from my home to these sessions on a weekly basis with no apparent thoughts of concern to either my own or other road users safety. My alcohol intake had remained around 20-25 units per week.
In February 2019 I (naively with hindsight) wanted to explore career options as a driver and requested the paperwork to obtain a Category C licence from the DVLA. I paid for a sight test and asked my GP to do a medical which I paid the practice a private fee of £100. I asked my GP for their opinion before I booked the medical whether because of my history of mental health problems it was advisable to explore this route and was reassured that it was unlikely to be an issue.
During the paid for private medical with my GP, we had discussed alcohol intake and stated honestly that my intake was above the recommended weekly intake of 14 units and was around 20-25 units. I again asked whether this may be an issue and was told to 'try and get it down to the 14' but wasn't met with a great deal of concern from them. I did say during the medical assessment (not sure why given the benefit of hindsight) that 'I guess by definition you'd call me a binge drinker'. I had always been open and honest about my alcohol intake and its interaction with my mental health problems throughout all my meetings over the years with my GP's, my fitness to drive was not raised in those meetings and they had never expressed concern that my health could impact my driving ability.
Following a wait of 2 months and enquiries on the phone to the DVLA Medical Group who simply said that 'things were in hand', I received a letter on April 2019 stating that as I have a history of persistent alcohol misuse that my Category B license was revoked and that I must not drive for 6 months. Those 6 months were obviously very difficult to manage with the loss of my independence and living in a rural area with very limited public transport.
I asked the DVLA Medical Group to explain how they had reached their decision and they sent me a copy of the form they had received from my GP who they had written to again as part of their investigation.
The GP had filled in this form without my prior knowledge and in their comments had stated that I had 'taken overdose while intoxicated' and was a 'binge drinker', comments that I felt had been taken out of context and had obviously been construed by the DVLA Medical Group as an immediate risk to my own and other road users safety. A statement that I didn't feel was accurate or conveyed the more complex and nuanced nature of the circumstances. I can understand however given this how the DVLA had arrived at the decision that they had.
From April 2019 up to now (May 2020) I have been abstinent from alcohol, and wanted to do every thing that I could to re obtain my licence. From April 2019 to August 2019 I had been to see the same GP monthly and wanted to make sure that evidence of my alcohol abstinence was well documented having Gamma GT blood tests monthly; the results of which my GP assured me would be acceptable by the DVLA Medical Group, but I subsequently discovered that was no longer considered to be an accurate test.
On 12th November 2019, I attended an independent DVLA medical assessment involving a physical examination, a questionnaire and CDT blood test. I stated that I had been abstinent from alcohol since April 2019, the doctor I visited explained that because the questionnaire being filled in asked about alcohol intake 'within the last year' the answer should be aggregated and that my weekly intake was 10-15 units per week. The result of my CDT test was 0.8% which indicated no recent excessive alcohol intake and the DVLA reinstated my licence in December 2019 being limited for 1 year pending another independent medical assessment on renewal. The limited nature of the driving licence issue is obviously a barrier to me finding work and has implications with insurance.
I understand the DVLA Medical Group's cautious approach and having safety as their primary remit and that their decision is based on the evidence that they have been provided with, however it seems overly punitive and is very similar to that of someone who has been caught and charged with drink driving. I don't know for how long that I will be issued with temporary licences and for how long I have to submit to medical assessments before the DVLA Medical Group are satisfied that I am no longer a risk to myself or others behind the wheel.
There is a sense of injustice to this entire experience and I would be interested to know your thoughts, whether it is an occurrence that you have come across before and whether there are grounds (if any) to make any legal challenges against those involved. Apologies for the vagueness as I'm not really clued up! It has had a negative impact on my mental health and I do have regular bouts of depression even whilst being alcohol free.
Please let me know your thoughts and apologies again for the length!
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