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firesafety101  
#1 Posted : 10 May 2021 10:27:00(UTC)
Rank: Super forum user
firesafety101

I shall try to be brief. 

Guidance for driving instructors is to not allow a third person to sit in a car during a driving lesson.

The Equality Act places a Duty to provide reasonable adjustments.

Therefore if a person with special needs is learning to drive would a reasonable adjustment be to allow her Carer to sit in the rear seat.

Thank you

Alan Haynes  
#2 Posted : 10 May 2021 10:37:41(UTC)
Rank: Super forum user
Alan Haynes

What purpose would the Carer be there for?
firesafety101  
#3 Posted : 10 May 2021 12:32:40(UTC)
Rank: Super forum user
firesafety101

The learner is physically disabled and suffers high anxiety which has led to her becoming a Selective Mute.

She does not speak to anyone outside her small circle of family and one friend.

The Carer will act as interpreter and be a calming influence.

Without the carer in the car she is not able to learn to drive.

stevedm  
#4 Posted : 10 May 2021 14:23:32(UTC)
Rank: Super forum user
stevedm

Two things...

1. The additional risk is exposure due to COVID...so additional controls need to be placed around that (Problem being there may be more physical touching to assist with making sure the person is calm along with the words.)

2. Is this a specialist instructor?  They are available and understand the needs of the individual and adaptations that can be made.  I would expect a plan worked between the care provider the individual and the service provided (in this case the driving sintructor) to ensure that everything including the langauge used is going to get that person into driving...

I wouldn't batter the instructor over the head on breaching legislation...just find someone who is more ameniable or a registered specialist instructor.

Hope this helps...

biker1  
#5 Posted : 10 May 2021 15:57:07(UTC)
Rank: Super forum user
biker1

On the surface of it, it sounds like a reasonable adjustment to have a carer in the car, and would satisfy the Equality Act requirements. There might be additional precautions needed - vaccination, recent test etc, and of course a face mask. Social distancing might be difficult unless one of them is willing to hang out the door!

firesafety101  
#6 Posted : 10 May 2021 15:57:28(UTC)
Rank: Super forum user
firesafety101

The driving school has been appointed by Motability and she has been allocated 40 hours of lessons, they have to be provided by the very well known driving school.

She has her own motability car with hand controls and a promise of a dual control brake being fitted, it is an automatic so no clutch needed.  The school have offered to utilise another driving school of our choice because we have asked for a lady instructor and there is one who is willing to instruct the lessons in our own car.  She is also willing to ignore the third person rule but the main driving school say no.

No need for physical touching, the learner can already drive having had about 20 lessons.

Our hands are tied because Motability will not provide the free lessons with a school of our choosing but are happy with the arrangement to use our preferred school but under their control.

As for the risks, windows will be opened and evryone inside the car will wear a face covering, surfaces are wiped down after every lesson and we have all had our two injections.

What we need is to know if the Equality Act can be utilised as the method of breaching the guidance and have the school obey their duty under the Act.

stevedm  
#7 Posted : 10 May 2021 16:56:37(UTC)
Rank: Super forum user
stevedm

Rock and hard place...

76) The Secretary of State for Health and Social Care has the power to direct Local Authorities in relation to the prioritisation of services to meet care and support needs. In addition, the provisions require that Local Authorities meet the needs for care and support of an individual under the Care Act if it is necessary to do so for the purpose of avoiding a breach of the individual’s Convention rights. These measures safeguard fundamental rights and protections and offer important mitigation outcomes.

stevedm  
#8 Posted : 11 May 2021 06:16:11(UTC)
Rank: Super forum user
stevedm

sorry should have said that was the closest part of the COVID legislation that gave some idea of an exemption or relaxation in relation to the care needs of the individual...

peter gotch  
#9 Posted : 11 May 2021 10:14:34(UTC)
Rank: Super forum user
peter gotch

Firesafety - I am not entirely clear.

I think you are saying that Motability are saying that they will pay for a school who we might dyslexically call MSB to provide the instruction.

....and that MSB are prepared to oversee the instruction being actually done by your school of preference, XYZ.

...and that Motability is content with this arrangement (even if might cost a little more as MSB would presumably want some payment for overseeing what is done by XYZ).

If that is all true then it probably matters not whether the instruction is done by MSB or XYZ in terms of what "reasonably adjustments" might be consistent with Covid requirements.

I can't see any likelihood that anyone would challenge that the solution proposed represents a sensible approach. To do so would be to invite a ton of bricks from parts of the media (and a ton of bricks that would be more justified than may often be the case).

firesafety101  
#10 Posted : 11 May 2021 14:44:26(UTC)
Rank: Super forum user
firesafety101

Peter, luvin' your dyslexism ha ha

Almost correct.  Motability are paying MSB to provide the lessons provided by our preferred instructor for many reasons.  One being the learner has had instruction from the male instructor who is the only one working for MSB that can offer Hand Controlled driving tuition.  The learner does not like him and I believe she has the right to choose.

I don't know the agreement for paying except Motability will pay MSB.

Sorry this is complex but everything is complex for us.

Thaks everyone for your comments.

 

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