Mangera vs The Registrar of Approved Driving Instructors

This case concerned an appeal by Gulamhusen Mangera against a decision by the Registrar of Approved Driving Instructors to refuse his admission to the Register due to a mobile phone offence while instructing.

TLDR:

• Gulamhusen Mangera appealed against the Registrar's decision to refuse his admission to the Register.
• The refusal was based on a mobile phone offence while Mangera was instructing a learner driver.
• The Tribunal dismissed the appeal, emphasizing the seriousness of the offence and the importance of public confidence in the Register.

The appellant, Gulamhusen Mangera, had his name refused for admission to the Register of Approved Driving Instructors by the Registrar on December 6, 2023. The refusal was based on a mobile phone offence committed by Mangera while he was in control of a car, resulting in six penalty points. The Registrar deemed the offence serious and believed that allowing Mangera to remain on the Register would undermine public confidence.

Mangera appealed the decision, stating that he had a responsible banking job for many years before becoming an Approved Driving Instructor (ADI) in 2011. He provided details of tragic events during COVID-19 that affected his psychological well-being and led to the loss of his ADI status, necessitating re-registration. During a non-profit lesson, Mangera was stopped by the police while holding a mobile phone, which he claimed was for an emergency call. He paid the fine but was unaware of the endorsement until he attempted to re-register.

Mangera argued that the phone incident would not have occurred if he had been a full ADI at the time. He highlighted his exceptional pass rate and the financial implications of losing his ADI position at the age of 65. Despite his ill health and driving record, the Tribunal noted the Registrar's lack of response to the appeal, which was concerning but did not affect the Tribunal's ability to consider the case.

The Tribunal held a paper hearing, considering a bundle of evidence, including the decision letter and notice of appeal. The Tribunal applied the conditions for entry and retention on the Register, which require the applicant to be a 'fit and proper person' as outlined in the Road Traffic Act 1988. The Tribunal also referred to the case of Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808, which emphasized the importance of maintaining public confidence in the Register.

The Tribunal, standing in the shoes of the Registrar, took a fresh decision based on the evidence. It considered the seriousness of using a mobile phone while instructing a learner driver and found it difficult to accept Mangera's argument that the offence would not have occurred if he had full ADI status. The Tribunal also questioned Mangera's understanding of driving law or his attempt to mislead, both of which were concerning.

The Tribunal concluded that allowing Mangera to be readmitted to the Register would undermine public confidence and the Registrar's duty to ensure that only those of appropriate standing are on the Register. The Tribunal found the Registrar's decision to refuse the application justified and proportional, given the seriousness of the offence.

The appeal was dismissed with immediate effect.

Legal representatives: N/A

Judicial Panel: HHJ David Dixon, David Rawsthorn, Stuart James

Case Citation Reference: [2024] UKFTT 455 (GRC)