Sussex wrote:
grandad wrote:
grandad wrote:
They would have to if the Magistrates removed the discretion of the Council.
Do you honestly think that a magistrate would overturn a decision that was made because a Council was concerned about the risk to the public. I don't.
The court would take in the fact that the driver is known to the council, his previous license check was ok, and the High Court decision that once licensed the council must prove the driver isn't 'fit and proper', not down to the driver to prove he is.
Sussex,totally agree with your comments but I still think the Council cannot stop him working if the DBS check was applied for in a reasonable time frame before the expiry of the current one.Still think the Council will have to pay for loss of earnings.
A driver has to prove they are a fit and proper person only once and that is at the initial application for a license after that it is the Councils duty to renew a license on application unless they can prove that they are not a fit and proper person.
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