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grandad
PostPosted: Mon Oct 13, 2014 12:57 pm 
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yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.

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Sussex
PostPosted: Mon Oct 13, 2014 7:15 pm 
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grandad wrote:
yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.

Will you be recommending the online process to your fellow colleagues?

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captain cab
PostPosted: Mon Oct 13, 2014 7:19 pm 
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grandad wrote:
yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.


pen pushing a*ses

they have discretion

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grandad
PostPosted: Mon Oct 13, 2014 8:36 pm 
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captain cab wrote:
grandad wrote:
yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.


pen pushing a*ses

they have discretion

We had a letter a few weeks ago that said that following an internal audit the council will no longer issue any drivers badges until all the paperwork has been received.

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grandad
PostPosted: Mon Oct 13, 2014 8:38 pm 
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Sussex wrote:
grandad wrote:
yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.

Will you be recommending the online process to your fellow colleagues?

Already have done. I will also be recommending that anyone who has a DBS due in the next 12 months insists that the council process the applications without further delay.

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captain cab
PostPosted: Mon Oct 13, 2014 9:37 pm 
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grandad wrote:
We had a letter a few weeks ago that said that following an internal audit the council will no longer issue any drivers badges until all the paperwork has been received.



Then that letter is illegal.

A council cannot fetter its discretion.

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grandad
PostPosted: Mon Oct 13, 2014 10:13 pm 
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captain cab wrote:
grandad wrote:
We had a letter a few weeks ago that said that following an internal audit the council will no longer issue any drivers badges until all the paperwork has been received.



Then that letter is illegal.

A council cannot fetter its discretion.

Interesting.

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wannabeeahack
PostPosted: Mon Oct 13, 2014 10:15 pm 
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grandad wrote:
yet another driver in our town is unable to work. This time it is because the DBS has not arrived. It was posted on October 1st but has still not arrived. The DBS people say that he can't apply for a re-print until after 14 days and then who knows how long it will take. This was a renewal and the council have made his badge up but wont issue it until the DBS has been seen. I think he should insist on a new badge being made when the DBS has been seen starting on that day.


Then they have "continuity"

My DBS isnt back yet from mid-July

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captain cab
PostPosted: Mon Oct 13, 2014 10:24 pm 
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grandad wrote:
Interesting.


each case on its own merits dear chap, its own merits.

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captain cab
PostPosted: Mon Oct 13, 2014 10:28 pm 
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British Oxygen Co Ltd v Minister of Technology: 1970 3 AER 165 HL

British Oxygen, (BOC), used metal cylinders to store pressurised gases, which it manufactured. BOC applied for a grant under the Industrial Development Act 1966 whereby the Board of trade "may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing new machinery or plant." The Board had a policy of denying grants for any item of plant costing less than £25.00 and thus rejected the application, as the cylinders were £20.00 each. BOC sought a declaration that the cylinders were eligible for grant.

HELD: Per Lord Reid: In this context "may" was intended to give the board discretion. If there is a policy or guidance in the Act the board must exercise its discretion accordingly. One generally expects parliament to give some indication as to how public money is to be spent. Parliament clearly laid down conditions for eligibility for grants and has given the Board a discretion but there is nothing regarding circumstances in which they should or should not make grants to such persons. As a general rule such grounds must not be exercised in bad faith and must not be unreasonable, but apart from that, if the Minister thinks that policy or good administration requires the operation of some limiting rule, I find nothing to stop him. The basic rule is anyone who has to exercise a statutory discretion must not "shut his ears" to an application. However, if a number of applications are received it is reasonable to evolve a precise policy to accommodate many of them. This is acceptable provided the authority is prepared to listen to someone with something new to say. It does not necessitate an oral hearing, merely consideration of the application, which occurred here.

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x-ray
PostPosted: Tue Oct 14, 2014 12:08 pm 
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I had the same problem with my DBS check earlier this year. It was sent off six weeks before my badge was due but didn't arrive back in time. The pen pusher on the phone told me I wouldn't be able to work until it arrived, I asked to speak to a senior licensing officer. He rang me back and agreed to issue a temperary one month badge until it did arrive, which it did two weeks later.
A bit of common sense is all that is needed but as we know this is sadly lacking were councils are concerned.
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grandad
PostPosted: Tue Oct 14, 2014 12:38 pm 
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captain cab wrote:
grandad wrote:
Interesting.


each case on its own merits dear chap, its own merits.

Well the driver has spoken to our licensing officer again this morning and mentioned everything that you have said CC but she is adamant that she will not issue the badge before she has seen his DBS. The DBS people have re-sent his certificate this morning but it could take another 2 weeks to arrive. Obviously all this time he is unable to work.
I simply don't know where to go with this now.

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MR T
PostPosted: Tue Oct 14, 2014 1:10 pm 
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nvestigation into Complaint No 99/C/2407
Against Doncaster Metropolitan Borough Council

Report Summary

Licensing

The complainant operates a fleet of private hire vehicles. In the belief that he was operating unlawfully the Council removed the licence plate from one of his vehicles for a weekend. It failed to recognise that the complainant was entitled to carry on trading pending any appeal.

It also failed to notify him of his right of appeal. The failure to allow the complainant to carry on trading and to notify him of his rights was maladministration which caused injustice.

The Council has agreed to compensate the complainant for his loss of income


County court appeal it. if the license has not expired......the person can work till it goes to count. :D

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captain cab
PostPosted: Tue Oct 14, 2014 1:11 pm 
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Mr T has posted a case - I would write to the ombudsman - I take it that the driver was already licensed?

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MR T
PostPosted: Tue Oct 14, 2014 1:19 pm 
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captain cab wrote:
Mr T has posted a case - I would write to the ombudsman - I take it that the driver was already licensed?

County court appeal it. if the license has not expired......the person can work till it goes to count. :D

Buy time

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