Can she still drive??

bluesky2011

Elderly parent with dementia has, at long last, been advised by her GP  that she is no longer fit to drive and has informed the DVLA. However, there is a 4-6 month backlog at the DVLA due to Covid. How do we stop the parent from driving as they are a danger on the road. We have taken away the car but the parent is now threatening legal action.

kayleighali

Surely any legal action would fail in the early stages? Do you have a PCSO in your area that could have a word and explain the trouble that they could be in if they drive?

bluesky2011

kayleighali said:

Surely any legal action would fail in the early stages? Do you have a PCSO in your area that could have a word and explain the trouble that they could be in if they drive?

thats a very good idea! Thx!

kayleighali

Sometimes the older generation think us younger ones are clueless a friendly word from someone in uniform backing us up usually puts a different slant on things. Best of luck!!

unforeseen

According to the guidance on gov.uk the patient needs to surrender their licence as soon as they are told by their GP that they mustn't drive. 
This needs to be explained to them. 

Grumpy_chap

bluesky2011 said:

Elderly parent with dementia has, at long last, been advised by her GP  that she is no longer fit to drive and has informed the DVLA. However, there is a 4-6 month backlog at the DVLA due to Covid. How do we stop the parent from driving as they are a danger on the road. We have taken away the car but the parent is now threatening legal action.

Having been told "not fit to drive" then the parent has to stop driving. 

If the parent expects to become fit to drive again (however realistic that expectation) then they may benefit from understanding that the DVLA process licence re-issues far quicker for those that voluntarily surrendered at the outset and are far slower for those that are forced to stop.

facade

If a GP has declared them medically unfit to drive, then any insurance cover is invalidated- although the insurer would have to pay out to a third party because of The Law, they would certainly take legal action to recover all their losses- which could be hundreds of thousands with injury claims, and would not pay out for own damage.

bluesky2011

thank you everyone for your valuable input

daivid

unforeseen said:

According to the guidance on gov.uk the patient needs to surrender their licence as soon as they are told by their GP that they mustn't drive. 
This needs to be explained to them. 

This is true, though as they have dementia they will presumably not be deemed capable of doing this themselves.

As I understand it, from having had a grandparent with dementia (rules may have changed), the individual should surrender their licence but cannot be legally responsible for failing to do so (lack of mental capacity) and no other person is responsible for surrendering the licence. Luckily in our case there was no desire by them to drive so the licence was retained in case needed as ID.

For the OP, I'm sure Dementia UK or Age Concern could give you correct and up to date advice.

With medical evidence that the parent is unfit to drive I personally wouldn't be concerned about being sued for removing the car, though if you are would returning it but immobilised be an option? Could you return it then put the battery in the boot and 'lose' the keys behind a cupboard? I realise though you have two things to consider- keeping everyone (parent included) safe on the roads and avoiding unnecessary distress for the parent. You will know best if the presence of the car (even though it's not going anywhere) will be a comfort to the parent or a cause of further upset, and also this plan would only work if you are confident they cannot get the car going or find someone to help them do so.