Back-seat driver

I confess I didn’t learn to drive until I was 34. I spent my early career travelling to work on the bus, and journeyed regularly with my young son by train, by taxi and on foot. It wasn’t much of a hassle but when I got my car, it quickly became indispensable, so I really felt for a client when her daughter asked for advice on how to stop her mother driving.

My client was diagnosed with dementia a few years ago and her daughter was now so worried about her safety on the road that she had been hiding the car keys. This caused my client to distrust her carers: she thought they were taking the keys and going off in her vehicle. It was a mess. The daughter didn’t know what she could do, although she was clear that she had to do something.

There are a few misconceptions in this scenario:

• a diagnosis of dementia automatically makes a driver unsafe

• driving assessments are like driving tests and are very stressful

• a driver only needs to tell the Driving and Vehicle Licensing Agency (DVLA) about their dementia if they feel they are unsafe; and

• drivers don’t need to tell their insurers about their dementia because it doesn’t affect their policy.

But the legal position is clear: a driver with dementia must tell the DVLA. They can be fined up to £1,000 if they don’t advise their diagnosis, and may be prosecuted if they are in an accident as a result of their illness.

The DVLA should be notified by form CG1. It calls for details about a driver’s GP, consultant, clinics, medication and care received, so the DVLA can collect information from the medical professionals about the driver’s condition and how it might affect their driving.

At this stage, a driver’s GP may have already advised them to stop driving, simply to allow assessments to be carried out. On receipt of the medical reports, the DVLA may then ask the driver to take a driving assessment including an interview and tests of reaction time and vision, as well as an on-road session.

If the DVLA decides that the driver is safe to continue on the road, it will issue a licence that is valid for a limited period, after which further assessments must be carried out. If not, the driver must surrender their licence. There is the option to appeal, but the driver cannot use their car while the process is ongoing.

It is possible for a driver to conclude that they shouldn’t drive without having a medical assessment. Licences may be surrendered voluntarily and sent to the DVLA with a completed declaration.

In reality, the situation is not as straightforward as the ‘rules’ would suggest. Giving up driving – which equates to letting go of independence – is not easy. By the same token, as any learner will tell you, driving is not an easy or automatic task. The impact of dementia on memory, reactions, perception and multitasking means that the ability to drive will be lost at some point.

A driver’s GP, or anyone concerned about a driver’s ability may contact the DVLA in writing and ask for a medical investigation. Perhaps this is a last resort, though, as it would be far better for the driver to be encouraged to accept their condition, comply with the law and explore alternatives to driving.

The Alzheimer’s Society has some suggestions for approaching this difficult conversation about giving up driving, and offers pointers on the alternatives including the benefits of not running a car anymore.

It is difficult enough to receive a diagnosis that will leave you dependent on others eventually, and people with dementia may lack insight into their own condition and limitations. Having regular, calm and sensible discussions about driving, and perhaps suggesting an assessment with the accompanying helpful ‘aftercare’, is the starting point.

Sofia Tayton is a partner and head of care and capacity at Lodders Solicitors

She writes the regular in-practice article on care and capacity for Private Client Adviser