Time taken to process licence application
13. Before we decide if we should do a detailed investigation of a complaint, we look at whether there are signs the organisation got something wrong. We do this by comparing what should have happened with what did happen. We have done this and we have not seen any signs that something went wrong.
14. The DVLA received Mr U’s application on 19 April 2021 and scanned it onto its system on 5 May. This was 11 working days after its receipt.
15. On 11 June, 26 working days after the application was scanned, the DVLA wrote to Mr U’s GP to ask for more information. Mr U’s GP replied on 1 July and the DVLA scanned this onto its system on 15 July. This was ten working days after its receipt. Mr U’s GP was unable to give information on some of the medical conditions or incidents that Mr U declared to the DVLA. The application was passed to a DVLA doctor to consider.
16. The DVLA doctor reviewed the application on 11 August and recommended Mr U have an exercise echocardiogram due to concerns about the TIA in 2012.
17. The exercise echocardiogram was done on 7 September. This was stopped early as the consultant said Mr U was too breathless to continue. The consultant’s report recorded the outcome as an ‘equivocal result’ meaning there could be more than one reason for the result. The DVLA received the consultant’s report on 21 September.
18. The DVLA wrote to Mr U on 29 September informing him that his application had been referred to its team of doctors for review. On 8 October it recommended for Mr U to have a stress echocardiogram (DSE) as an alternative test for cardiac (heart) function because he could not complete the previous test.
19. Mr U had the DSE on 16 December. The records show it was not possible to accurately complete the test due to Mr U’s high body mass index (BMI).
20. On 11 February 2022, Mr U was asked to have a myocardial perfusion scan as the DSE was not completed. This was completed and Mr U was issued with a three-year medically restricted Group 2 (bus) licence on 29 March.
21. The DVLA assessing fitness to drive guide says, for the echocardiogram evaluation, ‘The requirements for exercise evaluation are that the test must be on a bicycle (cycling for 10 minutes with 20 W per minute increments, to a total of 200 W) or treadmill … Individuals with a locomotor or other disability who cannot undergo or comply with the exercise test requirements will require a gated myocardial perfusion scan or stress echo study accompanied when required by specialist cardiological opinion’.
22. The DVLA followed its guidelines when asking Mr U to have the different tests so it could assess his fitness to drive. For this reason, we do not think it did anything wrong.
23. The DVLA services update says: ‘If you have applied for your first driving licence, or to renew or replace your current driving licence and you have declared a medical condition, this will take longer. Please do not contact DVLA for an update as we will be in touch as soon as a licensing decision has been made or if we need more information from you or your medical professional.
When considering an application to issue a driving licence, we aim to make a decision as quickly as possible but where we require additional information from a driver’s doctor or the driver themselves, we are wholly reliant on receiving this information before a decision can be made.’
24. Our ‘Principles of Good Administration’ say an organisation should : • act in accordance with its guidance (published or internal) • make reasonable decisions based on all relevant considerations • deal with people helpfully, quickly and sensitively, bearing in mind their individual circumstances • responding to customers’ needs flexibly, where appropriate, co-ordinating a response with other service providers.
25. We recognise the overall effects of having to have several tests meant there was a delay in Mr U’s driving licence being updated. We understand this was frustrating for Mr U as it meant he was unable to start his new job.
26. Taking all of the information into account it is our view that the DVLA followed its own guidelines and our principles by responding to Mr U’s needs and offering alternative ways to meet the medical requirements for his licence.
27. The DVLA updated Mr U at each stage of the process and explained the next steps he needed to take. Any delays were due to having to have different tests and waiting for information and decisions from medical professionals both internal and external. We have not seen any failings with this part of the complaint.
Travelling to medical appointments
28. The BMA ‘Fees for driver licensing and the DVLA’ says, ‘We cover blood test cost, consultant fees, GP fees and provide a DVLA invoice template’. It also says, ‘These fees must be paid by the DVLA and in no way from the patient’.
29. The DVLA’s policy is to pay the fees for medical reports in support of a licensing application. It is the responsibility of the individual concerned to attend any medical examination, test or assessment. The DVLA also confirmed it does not cover the cost of travelling to these appointments because any payments are met by public funds and Treasury restrictions do not allow reimbursement of travelling expenses.
30. The DVLA explained it has a list of consultants and specialists that have registered with it to do the necessary medical examinations or tests to assess fitness to drive. As this is voluntary, the DVLA cannot force any hospital to do all or any of the specific tests that may be needed. The DVLA also explained that due to a backlog at some hospitals after the COVID-19 pandemic, some hospitals have said they cannot do DVLA examinations or tests at the moment.
31. Our Principles also say organisations should provide effective services, using trained and competent staff and give reasons for decisions.
32. The DVLA told us which hospitals were able to do the needed tests and why Mr U was asked to go to these. We recognise Mr U would have preferred to go to a hospital nearer to his home. We also recognise Mr U had to pay to travel to these hospitals at a time when he was unemployed.
33. Our decision is the DVLA followed our principles and its guidance and policies by sending Mr U to the nearest hospitals that had appropriately trained and competent staff and were registered to work on its behalf. We will not be taking any further action on this complaint point. We appreciate this was not explained to Mr U at the time and hope our explanation gives him reassurance that the DVLA acted correctly.