Hi
A dementia patient over 75. Driving licence expired. Refuses to stop driving or go through additional driving course to have driving ability tested. DVLA and police aware of concerns. No family. Not engaging. Becomes upset and aggressive when advised of risk to self, others, criminal offence, no insurance etc.
Community team feel he lacks capacity to understand and want to hide his keys in patients best interest. Is that possible without a court application?
If a patient refuses to use M1 form to surrender license. Then any health care professional is obliged to inform DVLA
DVLA have already been informed as well as the police.
No one seems to be able to do anything.
Hence the question posed in the above.
If the DVLA have been officially informed. Then liability falls on them, the Police and driver. The insurer will step aside on failure to declare health issues.
I assume you are writing as a health or care professional rather than in a personal capacity? If so, |you & your colleagues are expected to be proactive in the patient’s best interests, provided of course you are satisfied that he lacks the capacity to make this particular decision (you would need to show you have considered this specifically, and are not relying on a general ‘assessment of incapacity’).
In terms of your question, the Court of Protection tends to say that applications for orders are only needed if there are significant disputes over capacity or best interests. In this case, it is so clearly in his interests to stop him driving illegally, with the potential harms to himself as well as others, that I can’t see an automatic need to go to court over it. However, if he or his family are disputing his lack of capacity, or if it might not be so clearly in his own best interests because e.g. you cannot get the keys off him without risking causing him an injury, you should get advice on whether you should go to court after all.
In the meantime, you have a duty of care towards him and arguably towards members of the public who are affected by his behaviour, so I suggest that you do what you (safely) can to address any clear risk factors, even though he might be unhappy as a result. I would not recommend that you wait for the DVLA to take action if there are obvious and immediate risks from his continuing to drive, which some action by you or your colleagues could prevent.
Hope that helps?
Arrange a free driving assessment,that report will be sent to the DVLA but if there is no valid licence legally not able to take the test.
I wholeheartedly agree with this. I recommend using the Section 4 MCA 2005 Best Interests process and arrange a meeting with the relevant people to make a Best Interests decision.
It is my common experience that even when Police have been alerted, they do not get involved until an accident or a violation of The Highways Code or Road Traffic/Road Safety acts occur. Anything else seems to be paper exercises. Unless you can get a court order?