CRIMINAL RECORD CHECKS

Discussion on the impact of checking criminal records of PDIs and ADIs, and the introduction of checks for DSA examiners, has recently been raised by the DSA.

It is now six months since the agency introduced criminal record checks for PDIs and ADIs.  In the period of 12 March 2007 to the end of September they have conducted checks on 7,000 applicants to become PDIs and over 8,000 ADIs.

All individuals who are checked are sent information about the process, and in particular are made aware of the DSA’s “suitability statement” which sets out how they view offences appearing on a criminal record.  Before reaching a decision on whether or not a person is “fit and proper”, the DSA will assess the risk that they are likely to pose to their pupils by considering the seriousness and relevance of any offences to the position of being a driving instructor.

If the DSA still believe that an individual is not “fit and proper” they will write to them setting out the reasons for refusing or removing them from the register.  The individual then has 28 days to send the DSA any representations they may wish to make.  If, having considered these, the registrar considers that they are not suitable; they have a further 28 days to appeal to the Transport Tribunal against the decision.

By far the majority of individuals checked so far have been assessed as “fit and proper”.  Although the DSA estimate that 10% of the disclosures they have received have some form of offence shown, some of these offences date from many years ago and are accepted without further question. The DSA estimate that they will need to seek further information from about 6% of PDIs and ADIs and to date, refusal and removal proceedings have been started against only 12 PDIs and 8 ADIs.

The DSA would also like to announce that effective from January 2008 any new entrant examiner recruitment exercise will include a requirement for a satisfactory enhanced level criminal record disclosure.  Once the system is working for new entrants, the DSA will commence a progressive rollout of disclosures for existing staff. 

A spokesperson for the DSA said: “We are in continuing consultation with PCS (Public and Commercial Services Union) on agreeing a change to employment contracts of those staff.”