Tribunal upholds instructor disqualification ruling

In a significant ruling, the UK First-tier Tribunal (General Regulatory Chamber) has confirmed the disqualification of driving instructor Mojibur Rahman, who faced serious allegations of sexual assault involving a female pupil. The Tribunal reached its decision after rejecting Rahman's appeal, which was published on 24 April 2025, following his removal from the Register of Approved Driving Instructors on 12 September 2024.

The hearing for the appeal occurred on 14 April 2025 via Cloud Video Platform, with Rahman participating remotely, while the Registrar did not attend or send representatives. The Tribunal ambitiously chose to move forward with the hearing to ensure fairness in light of the Registrar's absence, allowing Rahman the chance to voice his arguments.

During the appeal, Rahman contended that the allegations were unfounded, claiming he had been informed by law enforcement that he could continue teaching driving lessons, provided he refrained from instructing female pupils due to bail conditions from the allegations. However, the Tribunal analysed the gravity of the charges, weighing the necessity of public safety against Rahman’s assertions.

The Tribunal echoed the vital need for anonymity for victims of sexual offences, explicitly stressing that any identifying details should remain undisclosed in court documents to protect the victim's lifelong anonymity. Moreover, an order was mandated that prohibited anyone from revealing information that could lead to the victim's identification, reflecting a commitment to safeguarding the rights of those involved.

In its judicial review, the Tribunal delved into criteria set by the Road Traffic Act 1988, which necessitates that driving instructors must be classified as "fit and proper persons" to retain their place on the Register. The Tribunal scrutinised comprehensive evidence concerning the allegations against Rahman, emphasising the ongoing investigations and serious nature of the charges, which posed legitimate concerns regarding public safety.

While it was acknowledged that Rahman had not yet been convicted, the balance of probabilities favoured the conclusion that he did not meet the requisite standard of being a fit-and-proper person, given the ongoing serious charges. The Tribunal highlighted the paramount importance of public trust in driving instructors, especially as they are responsible for educating vulnerable individuals.

In concluding its ruling, the Tribunal decisively stated that permitting Rahman to remain on the Register amid serious allegations would erode public confidence in the safety and integrity of driving instruction. They noted, "We do not know whether the Appellant did, in fact, commit this offence," but underscored the necessity of a precautionary approach regarding potential risks to the public. Subsequently, the Tribunal dismissed the appeal and upheld the Registrar’s prior decision.

This ruling serves as a testament to the regulatory authority's commitment to public safety, reiterating that driving instructors whose fitness is questioned amidst serious allegations must be evaluated rigorously. Should Rahman be acquitted or see the charges against him dropped, he may pursue reinstatement on the Register following a reassessment of his suitability for instructing driving lessons.

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