Driven to Despair - Report on DVLA medical section

Been there and argued , I feel for you …It’s a complete soul destroying saga from start to finish. I finally went away and decided to go back to electrical engineering and I make far more money, one day though I will possibly try again if I can be bothered !

Thanks for your contribution BigBen and I have had some of the same experience.
Anyone corrct me if I am wrong but ICA are one of the Independent Ajudicators you can go to after you have exhausted the DVLA complaints procedure.
If your case doesn’t meet the independent ajudicator criteria, or if you are still unhappy with the outcome you can go to the Parliamentary and Health Service Ombudsman, always assuming you have the fight left in you to do so.
The Parliamentary Ombudsman has recieved enough complaints about DMG to investigate further and the report from that investigation is ‘Driven to Despair’ (D2D).
Off the top of my head I can’t recall any case studies included in D2D that cover DVLA being obstructive about independent ajudicator decisions, but it does fit a widely observed pattern of awkward, unhelpful and downright aggressive behaviour toward the people they should be serving.
You might want to take a look at D2D with a view to taking your case to the Ombudsman.

If anyone else has given up on the unequal fight with the Drivers Medical Group at any stage and recognises any of the behaviour, practices or outcomes included in D2D then I would like to hear from you. If we get together and concentrate our resources, focus our argument, and jointly fund quality representation we can get some proper redress. Don’t hold back if funding is an issue, I can’t make any promises but an answer might be found and the more cases we have, the better.

The option is to sit back and let the tossers walk all over you.

astrocan:
Has anyone else seen this report?
Turns out Drivers Medical Group at DVLA has nothing to recommend it. Poor communication, unexplained, unacceptable delays, not listening to outside expertise, not caring about genuine risk or impact on driver, we’ve heard it all before.
Some stout souls took their issues to the Parliamentary Ombudsman and this report ‘Driven to Despair’ is the result.
If you have issues with DVLA about ther medical decision making, this is essential reading.
Google it, it came up second in my search, under the heading Publications GOV.UK.

I am researching the possibility of using this report to get my own case re-opened and then I am going to go for compensation.
If anyone else is interested in banding together over this I would be interested to hear from you.

Thanks for the heads up on the report. Just read it all, it is very, very interesting and shows the huge failings of the DMG and the DVLA.
I enjoyed reading the whole report, as I’ve fought these ■■■■■■■ idiots for 2 years and got no where. I thought it was just me that had been treated so unfairly, but reading this report makes you realize just how widespread this really is. I love the way the ombudsman goes into such great detail to show all of the failings, (and there are lots of them) of the DMG/DVLA and yet the DMG/DVLA continue to deny and try to deflect many of its failings. It makes a pleasant change to see these useless half arsed bunch of useless ■■■■■■■■ that the DMG/DVLA have been, now squirming to try and back pedal their way out of things. I’d imagine there is some serious passing of the buck going on right now down there. I hope several ■■■■■■■ heads roll for this, for the pain and suffering both mentally and financially they have caused to so many individuals and their families. I hope Oliver Morley is at the top of the list to get the boot. I read the scumbags quote the other day, and he is cringe worthy at its highest level.

I will certainly be contacting the ombudsman on Monday as well as my MP, and the Minister of Transport. About time justice was done.

astrocan:
Thanks for your contribution BigBen and I have had some of the same experience.
Anyone corrct me if I am wrong but ICA are one of the Independent Ajudicators you can go to after you have exhausted the DVLA complaints procedure.
If your case doesn’t meet the independent ajudicator criteria, or if you are still unhappy with the outcome you can go to the Parliamentary and Health Service Ombudsman, always assuming you have the fight left in you to do so.
The Parliamentary Ombudsman has recieved enough complaints about DMG to investigate further and the report from that investigation is ‘Driven to Despair’ (D2D).
Off the top of my head I can’t recall any case studies included in D2D that cover DVLA being obstructive about independent ajudicator decisions, but it does fit a widely observed pattern of awkward, unhelpful and downright aggressive behaviour toward the people they should be serving.
You might want to take a look at D2D with a view to taking your case to the Ombudsman.

If anyone else has given up on the unequal fight with the Drivers Medical Group at any stage and recognises any of the behaviour, practices or outcomes included in D2D then I would like to hear from you. If we get together and concentrate our resources, focus our argument, and jointly fund quality representation we can get some proper redress. Don’t hold back if funding is an issue, I can’t make any promises but an answer might be found and the more cases we have, the better.

The option is to sit back and let the tossers walk all over you.

I for one would certainly be in. You’re right though it needs as many people as possible to really make something of it. Would a facebook type group or similar be a way of getting the message out there?

I was off work for 6 month due to a detached retina of my right eye and a retinal year of my left eye. I had the required operations and then had to go to a DVLA registered eye specialist which was my local hospital in Barnsley for the required eye tests to see if my eyes met the standard.
They sent me for these tests 2 month after my surge which was one month less than what is required to allow the eyes to settle after the treatment. I had my HGV class 1 and 2 revoked and had to jump through hoops to get it back. My specialist who did the operations has over 30 year experience in eye surgery and there was only that hospital (the Royal Hallamshire in Sheffield) and one in London who could do the procedure.
He stated that my eyesight was perfectly fine to go back driving HGV’s and he wrote me a letter to the DVLA stating this fact. They sent me for other tests to Rotherham general after I had the same tests done at the Hallamshire where I passed them both and then had to wait another 6-7 weeks for them to get back to me. One day I rang them up and asked who came to these desisions to revoke people’s licences and what experience they had in my sort of problem the answer I got back from the jumped up ■■■■■■ on the phone was that their medical board put together had a lot more experience than my specialist :unamused:
What boils my ■■■■ also is that all your correspondence you send to them you do recorded delivery however all theirs is sent back to you 2nd class :unamused: :confused:
All in all it took me 6 month of ■■■■■■■ about to get my entitlement back.
Luckily my company were brilliant and found me work in our warehouse until it all got sorted.

I’ve added a link to the Ombudsman’s report in the OP and stickied this topic because of the possibility that a medical decision taken at DVLA could potentially affect any driver at some point.

However, there is no need for any sort of a campaign, because campaigning has been overtaken in that due process is already happening since the Ombudsman’s report exists and has been published into the public domain… AND it’s been sent to Parliament.

Speaking entirely personally, I’d say that a Class Action might be a possibility but anybody considering such action would be well advised to consult a lawyer.

Thanks for adding the link, I’m sure it will be useful. I have duplicated this thread on the Health and Family board, could it be put on there too?
I have not been calling for a campaign, it is not the sort of issue where a campaign would be appropriate and, as you say, all the evidence is in the report.
As noted in earlier posts DfT have not accepted the recommendation that redress be given to any complainants and when redress is recommended (see Big Bens post) at best, they quibble and stall.
Getting them to financially pay for this is going to take a court case and I cannot fund any case on my own, including mine.
As for a class action, it is a really good way to bring a number of cases at once, the whole point of a class action would be to consult a lawyer, that lawyer would be able to gain a deep valuable knowledge of the similar issues and their fees be shared around the litigants. It makes effective use of the lawyers time, the litigants funds and the courts time.
The only losers are Morley and DVLA.
Whats not to like?

I too have been fighting DVLA over the years, but not for the reasons stated…but over the time it takes to complete the annual forms ( one is in progress right now ) I had a heart attack in 2002, no operations were needed, and i am controlled by medicines…my eye tests come back normal, and i have to have a treadmill test every 2 years ( one is due this year ) At one point it took them 6 months, then dated my application when the licence expired, meaning i lost a lot of driving time…i involved my MP in the end, who got my licence dated to when it should have been. All their post is second class, and many delays occur in writing to my doctor, or arranging a treadmill test appointment, the licence is dated to where it should be, but takes around 3 months now. My biggest problem i i cannot go abroad as they dont recognise or have means to check my validity to drive, whereas it is ok in the uk.

Another issue is the cost of a so called medical, which is just form filling…My doctors surgery have introduced a system where i see the nurse first, then the forms are passed to a doctor to complete, this year it took 3 weeks to see the nurse, then another week for the doctor to fill his/her part…i then sent the forms off to DVLA, had to buy a seperate envelope, as DVLA now include another lot of paperwork, which doesnt fit in the envelope they provide…after another week, the forms were returned as the doctor did not stamp or date certain parts of the forms even though she did date and stamp other parts, so i put the forms back to reception for correction last monday…to date 23/10/2016 they still havnt phoned me to say theyre ready for collection, maybe it is being delayed as i sent in a letter of complaint about other matters, and to note the doctor is not capable of form filling, or is not in touch with hgv medicals, and to think i paid £105 for the privelage…another disgrace…and in the mean time i am at their mercy. It does make me angry doing this every year, i am fit, and able to work, and want to work ( albeit part time )…and its not over yet.

Sounds like this department is flawed

thisismoney.co.uk/money/cars … -road.html

Was just doing a bit of research and came across this article, which i found interesting; so copied it to show what i found. I always believed that a hgv driver need not have a medical till aged 45, then then its every 5 years till aged 65, then annually every year after that age.
For starters i didnt know all new drivers have to undergo a medical. and also didnt know i could get the medical for free ( well out of pocket costs ) that means the same thing right ?.. i am merely showing what i couldnt believe or didnt know.

So read the following.

The law requires HGV drivers to be in reasonably good health in order to legally operate commercial vehicles on public roads. To that end, every new driver must undergo an HGV medical exam with accompanying paperwork that is submitted to the DVLA by the physician who performs the examination. Drivers are required to undergo a new medical exam every time their licence comes up for renewal.

HGV medical form from the DVLA The HGV medical is comprised of two parts. The first part is an interview in which the doctor and candidate discuss any existing medical conditions that may interfere with safe driving. Medical history is also discussed. Candidates are expected to be upfront and honest during this discussion. Any dishonesty brought to light by a future accident or violation could result in very unpleasant consequences.

The second part of the medical is an actual physical examination in which the doctor will check the candidate’s vital signs, vision, etc. The entire exam usually takes no more than 30 minutes. During the exam, the attending physician fills out an official DVLA form that he or she will submit directly to the authorities. You can download a copy of this form from the GOV.UK website.

Who Can Conduct the HGV Medical

There are no special qualifications for conducting the HGV medical test. Any doctor registered in the UK can be utilised. That means you can go to your NHS GP or a private physician in your local area. But keep in mind that both options have their pros and cons.

An NHS doctor will perform the HGV medical with no out-of-pocket cost to you. But if time is of the essence, you may not want to go this route due to long scheduling times. In fact, we recommend our students go to a private physician in order to get the HGV medical completed right away.

Private doctors have shorter waiting times and more flexible scheduling options. The major downside is that students must pay for their medical exams themselves. Be aware that some doctors can charge upwards of £150 or more for a 30-minute exam. If you sign on with the HGV Training Centre, we will provide you a full HGV medical pack that includes all of the necessary paperwork and referrals to private physicians guaranteeing the lowest prices on medicals.

Overall Physical Health

The physician who conducts your HGV medical exam will be looking at some very specific things. As long as you are in reasonably good health, you should not have a problem. That said, the existence of some serious conditions may disqualify you from professional driving.

Also understand that developing certain medical conditions after you are already licenced may result in your licence being transferred from the standard format to a short-term format. Short-term licence holders must undergo more frequent medical exams in order to keep their licences.

Here is a list of some of the things a physician is required to check in during the HGV medical:

Eyesight – The eyesight requirement for HGV drivers is a bit more stringent than it is for car drivers. You will need to be able to see adequately out of each eye individually, with or without corrective lenses. If you have a complete loss of vision in one eye, you may still be eligible to drive professionally if you can pass the vision test. The physician will be testing your visual acuity and total field of vision.
Neurological Problems – Neurological problems can have serious consequences for any driver. A physician will examine the HGV student and ask questions relating to things such as epilepsy, seizures, blackouts, memory problems, Parkinson’s or Alzheimer’s disease, narcolepsy and cataplexy, stroke, prior brain surgery, or any chronic neurological condition such as multiple sclerosis.
Mental Health – HGV drivers must also be in good mental health. Doctors will want to discuss all sorts of mental health issues including depression, hospitalisation for psychiatric issues, dementia, cognitive impairment, etc.
Alcohol and Drugs – It is illegal to operate an HGV with drugs or alcohol in the system. Knowing that, it is almost impossible for a chronic alcoholic or drug user to hold an HGV driving job. During the HGV medical, a doctor will look for any signs of chronic drug and alcohol use.
Diabetes – There may be concerns with drivers who need regular insulin to control diabetes. The condition will not automatically disqualify a student from becoming a professional driver, but his or her diabetes must be well-managed in order to proceed.
Heart Conditions – Even the most benign heart condition can lead to serious problems in the future. Therefore, doctors check students for any potential heart conditions including murmurs, peripheral arterial disease (PAD), aneurysms, and the like.
Sleep Disorders – A leading cause of serious accidents among HGV drivers is a lack of sleep. Therefore, the HGV medical exam includes looking for signs and symptoms of sleep disorders. This is one area in which candidates must be especially honest. A sleep disorder does not necessarily mean automatic disqualification. As long as the disorder can be managed, the candidate should be able to proceed.
This list of conditions may make it seem as if a candidate must be a perfect physical specimen in order to be licenced as an HGV driver. But this is not so. As we have already stated numerous times, you need only be in reasonably good health to pass your HGV medical.

Developing Medical Conditions

Licenced HGV drivers are required to report a change in health to the DVLA if they develop any sort of medical condition that could potentially disqualify them from driving. Those conditions include all of the things listed above as well as additional conditions such as cancer.

Reporting a developing medical condition may require the driver to undergo a new HGV medical exam in order to continue driving. Passing a medical exam may result in the restoration of full driving privileges or the transition to a short-term licence. In either case, the driver must continue to keep his or her doctor updated about the medical condition in question.

Should driving privileges be suspended as a result of a failed HGV medical, there are processes in place to enable the driver to have his or her licence restored. Some of these processes can take months to complete. This is not intended to punish the driver in question, but rather to ensure both his/her safety and the safety of others on the road.

HGV Medical Your Responsibility

The HGV Training Centre makes sure all of our students successfully undergo the HGV medical before starting to train with us. But after that initial exam, the rest is up to the student. It is your responsibility, as an HGV driver, to make sure you get the appropriate medical exams whenever these are required.

We urge HGV drivers to be cautious of those who offer heavily discounted medical exams. Be especially careful of mobile services offering exams at rest stops out of the back of a delivery van. Some of these services are legitimate; others are not. You can learn more by searching a provider’s name online to find out what other drivers have experienced while using them.

Also, be aware that falsifying an HGV medical form is against the law. The government takes the health of commercial drivers seriously; they do not look favourably on those who are untruthful in any way.

The HGV medical exam ensures all commercial drivers are healthy enough to safely operate their vehicles. It is an excellent tool that makes our roads safer across-the-board. We urge you, if you are considering a career as an HGV driver, to not be prevented from applying due to minor medical conditions. At least undergo the medical exam and see how you do. You may be in better health than you know.

We are here to answer any questions you might have about the application process or training to become a professional driver. The HGV Training Centre offers industry-leading training at dozens of facilities staffed by experienced trainers and committed support personnel. We would be happy to help you launch your career as an HGV driver.

Although that is ,as far as I know, accurate it is a bit off topic.
I think most of us know you have to be pretty poorly to fail the standard test. I know a driver who failed his because of high blood pressure, the doc diagnosed Whitecoat Hypertension (scared of doctors) put him on a course of tablets and passed him a fortnight later.

Problems with the medics at DVLA have been highlighted by the Driven to Despair report and this is music to the ears of those of us who have had our jobs and lives turned upside down.
If you want to take this further with others who have been similarly affected drop me a line.

Should driving privileges be suspended as a result of a failed HGV medical, there are processes in place to enable the driver to have his or her licence restored. Some of these processes can take months to complete. This is not intended to punish the driver in question, but rather to ensure both his/her safety and the safety of others on the road.

Also, be aware that falsifying an HGV medical form is against the law. The government takes the health of commercial drivers seriously; they do not look favourably on those who are untruthful in any way.

I hope you will pardon my hollow laugh, they may not be intended to punish the driver but they are definitely intended to protect the well padded backsides of the DVLA.
As for lying, Harry Clarke (Glasgow bin lorry) got away with it for ages and they didn’t even notice.

astrocan:

Should driving privileges be suspended as a result of a failed HGV medical, there are processes in place to enable the driver to have his or her licence restored. Some of these processes can take months to complete. This is not intended to punish the driver in question, but rather to ensure both his/her safety and the safety of others on the road.

Also, be aware that falsifying an HGV medical form is against the law. The government takes the health of commercial drivers seriously; they do not look favourably on those who are untruthful in any way.

I hope you will pardon my hollow laugh, they may not be intended to punish the driver but they are definitely intended to protect the well padded backsides of the DVLA.
As for lying, Harry Clarke (Glasgow bin lorry) got away with it for ages and they didn’t even notice.

That idiot is an absolute disgrace and should have been jailed for what he did. Funny how much the DMG/DVLA toughened things up after this tragic event, but thanks to the PHSO report at least the FAILINGS of the DMG/DVLA have now come to light showing just how wrong the DMG got it. Those at the top of the tree at both the DMG/DVLA should be brought to account for their failings that have wrongly affected so many of us. Oliver Morley makes a half arsed apology but then tries to pat him self on the back by saying that they normally get things right. My arse they do. Lets hope that now this sham is out in the open, many of those that have been wronged will contact the PHSO, their MP’s and anyone else who may listen.

I’ve had to deal with the DMG for the last three years. Absoulote bunch of unfeeling robotic people. As a result of their actions I lost my licence, my job, my marriage and kids as well as my self respect. It’s take three years of my life, and my health has suffered as a result, to get my licence back fully. No doubt if I had the money I could have hired a solicitor and gone to court.

I truly hate those people that sent me a letter one morning revoking my licence on the basis of a form filling excersise filled in by a GP I had never even seen.

I would dearly love to take some sort of action against DVLA but don’t know where to start, or how to go about it. Also not sure if I have any fight left in me.

Dimlaith:
I would dearly love to take some sort of action against DVLA but don’t know where to start, or how to go about it. Also not sure if I have any fight left in me.

Don;t give up, i genuinely feel your pain, but don’t give up. Now is all of our best chances ever based on the PHSO report.
I’m in a similar boat, been fighting these ■■■■■■■ idiots for 2 years now and they are exactly as you describe, heartless, incompetent robots.
Well, heartless, incompetent robots that have now been exposed for all their failings. Its all well and good their head honcho Mr Morley trying to brush it under the carpet, but right now the more of us that pounce on this the better. They are probably hoping and praying that this will all quickly go away, so its up to the likes of you, i and everyone else who they have shafted to act, so that they don’t get away with it, and those in the clear rightly get back what belongs to them.

Like you, they have cost me dearly, my job. my lively hood, nigh on financial ruin, i was just lucky my Mrs has stuck by me through my dark days, and i’ve had a few. The ■■■■■■■■■ at the DMG who are responsible have no idea quite how many lives they have ruined. Now is your chance to maybe, maybe get some payback and justice!!!

Contact your MP, make sure you mention the PHSO report, also contact the PHSO direct, phone the DMG again, mention last weeks damning report of the DMG by the PHSO and ask what you now do to get the wrongs put right■■? Let me know what they say.

Its got to be worth another go :wink:

I’ve reapplied for my licence that I surrendered for medical reasons in 2006. I reapplied for it on the 21st of May this year. It’s now over 5 months and all they will tell me is that it’s in a queue and that if I feel fit and my GP agrees, then I can drive under section 88 of the RTA 1988. But who is going to employ me without a licence, and what about my DCPC?

They’re a major pain in the backside. They need to realise that they are having adverse affects on people, they are stopping us working.

I have sent my letter of complaint, I urge anybody who feels let down by the DMG to do the same. One of these over paid unfeeling pen pushers need to be held accountable…

Spooky558:
I’ve reapplied for my licence that I surrendered for medical reasons in 2006. I reapplied for it on the 21st of May this year. It’s now over 5 months and all they will tell me is that it’s in a queue and that if I feel fit and my GP agrees, then I can drive under section 88 of the RTA 1988. But who is going to employ me without a licence, and what about my DCPC?

They’re a major pain in the backside. They need to realise that they are having adverse affects on people, they are stopping us working.

You are right, they do need to realize the pain and suffering they have caused, not just to lorry drivers, (or ex) like ourselves, but this could have affected a much wider scope of people as well. Keep watching this thread, plans are being made :wink:

Dimlaith:
I have sent my letter of complaint, I urge anybody who feels let down by the DMG to do the same. One of these over paid unfeeling pen pushers need to be held accountable…

Well done, thats the spirit :sunglasses:
The PHSO contacted me today, and it was an interesting conversation.
Do complain, keep a record on paper of any letters or phone calls you make, times, dates etc and keep us posted please.
As before, keep watching this thread if you don’t mind, as a couple of us are trying to get the ball rolling on some things, to see if all of us that have been wronged, can turn the table on the DVLA/DMG.