Arif Habib v The Registrar of Approved Driving Instructors

Facts

The appellant, Arif Habib, was an approved driving instructor whose name was entered in the Register of Approved Driving Instructors maintained by the Driver and Vehicle Standards Agency. A complaint was made against him by a pupil. By a letter dated 9 December 2025 the Registrar of Approved Driving Instructors set out particulars of that complaint: that the appellant had touched the skin of the complainant's right thigh through a hole in her ripped jeans, and that he had sent suggestive messages by WhatsApp, including one saying that he "liked" her. By letter dated 7 January 2026 the Registrar decided that the appellant had ceased to be a fit and proper person to have his name in the Register under section 128(2)(e) of the Road Traffic Act 1988, and removed his name. The appellant appealed to the First-tier Tribunal, contending that the Registrar was wrong so to conclude. He accepted the content of the WhatsApp messages but denied any adverse intention, sexual connotation or predatory behaviour, and denied inappropriate touching, saying that any contact had been inadvertent and accidental. The Registrar resisted the appeal, relying on the ADI Code of Practice and on the need to maintain public confidence in the Register. The appeal was heard remotely, with oral evidence from the appellant.