Kelly Flynn v The Registrar of Approved Driving Instructors

Facts

The appellant, Miss Kelly Flynn, has never been entered on the Register of Approved Driving Instructors. She had previously held two consecutive trainee licences under section 129 of the Road Traffic Act 1988, valid between 7 October 2024 and 6 October 2025, amounting to twelve months of permitted paid instruction while she prepared for the ADI qualification. She passed the Part 2 test on 12 September 2024, but a scheduled test slot was cancelled by the DVSA on 28 July 2025 and she undertook and failed the Part 3 instructional ability test on 2 September 2025. On 28 September 2025 she applied for a third trainee licence. The Registrar of Approved Driving Instructors wrote on 30 September 2025 indicating that refusal was under consideration and inviting representations, which the appellant submitted on 8 and 9 October 2025, citing difficulty securing a Part 3 test date, the test cancellation, and financial constraints affecting her training. On 4 November 2025 the Registrar refused the application, on the basis that the evidence did not establish exceptional circumstances or that she had had insufficient opportunity to prepare. The appellant gave notice of appeal to the First-tier Tribunal on 16 November 2025, seeking either an extension of her second trainee licence or the grant of a third, so that she could continue teaching pupils.