Regulatory

Notable Regulatory and Disciplinary Cases

HCPC Investigation into S – S, a social worker, was investigated for bringing the profession into disrepute by abuse of her professional status in court proceedings. Hollingsworth Edwards made written submissions to the investigatory panel and no further action was taken against the registrant.

HCPC v AK – A social worker convicted of multiple fraud offences and made subject to a suspended sentence of imprisonment was spared erasure from the register so that she could resume working as a social worker at the end of her suspended sentence. We submitted representations to the disciplinary panel and represented the registrant at the disciplinary hearing. 

Notable Taxi, Private Hire Vehicle, and Alcohol Licensing Cases

Medway Council v U (Licensing sub-committee hearing) – U was accused of failing to disclose a criminal caution to the licensing authority. We represented U at his hearing, presenting character evidence and making legal submissions on his behalf. U was issued with a simple warning and his licence renewal application, which had been paused, was resumed. 

East Hampshire District Council v D (Licensing sub-committee hearing) – D had been accused of multiple breaches of the licensing authority’s policy for private hire drivers. We took extensive instructions from D, a person of middle eastern origin who felt that prejudice played a part in some of the complaints made, and represented him robustly at the hearing. At the conclusion of the hearing D was adjudged a fit and proper person and kept his licence.

A Surrey Local Authority v N (Licensing sub-committee hearing) – N applied for a dual Hackney carriage / Private hire licence. He had previously had his licence revoked owing to complaints about his conduct. We advised N to attend an anger management course and obtained numerous character references for him, thereafter, representing him at the licensing sub-committee hearing. The panel concluded that N was a fit and proper person to be licensed.

T v TFL (An appeal against a decision to revoke a PHV licence) – T had received a caution for taxi touting after having been wrongly advised by the solicitor who represented him in the police station. Upon discovery of the caution TFL revoked T’s private hire licence. Hollingsworth Edwards submitted an appeal so that T could continue to work whilst his appeal was pending, and were then able to persuade the Metropolitan Police to remove T’s caution from his record. TFL then withdrew its opposition to T’s appeal, and he continued to be able to work as a licensed private hire driver. 

H v TFL (An appeal against a decision not to renew a PHV licence) – Owing to fleeting remarks concerning casual alcohol use in a medical report, TFL had decided not to renew H’s licence. We submitted written representations to TFL demonstrating that TFL had misapplied its and the DVLA’s own guidance. TFL reconsidered its original decision and renewed H’s licence. The matter was promptly and inexpensively resolved, without the need for a full appeal hearing. 

B v TFL (A response to request for representations re B’s fitness to remain licensed) – B, a Black Cab driver, was the subject of multiple complaints made to TFL. TFL had stated, wrongly, that B had failed to respond to complaints previously and that he had thereby made his position worse. We made written representations to TFL, correcting its errors and providing an explanation in respect of each of the complaints. B was issued with a warning and permitted to remain licensed. 

An off-licence (An investigation by Hammersmith and Fulham Council into sale of alcohol to underage persons) – Hollingsworth Edwards Solicitors represented both the licensee and vendor of an off-licence in an investigation into the sale of alcohol to underage customers. No criminal proceedings were instituted, and the licensor was issued with a simple warning.