PHSO casework decision

Driver and Vehicle Licensing Agency

Ref: P-006071 Statement Decided 26 August 2026 Jurisdiction: UK Government Outcome: Closed After Initial Enquiries Responsible body: Driver and Vehicle Licensing Agency

The complaint, background, findings, decision and recommendations on this page are the PHSO's published words. First-person wording refers to the Ombudsman.

Summary

Complaint summary written by this site (AI-generated)
Dr G complained the DVLA illogically refused to exchange his Polish driving licence and gave incorrect, confusing information. He also alleged the DVLA failed to return his application form.
Outcome summary written by this site (AI-generated)
Complaint closed. The DVLA processed the application according to law and policy. While incorrect information was given, the DVLA has already done enough to rectify this.

PHSO decision

Decision (the PHSO's words)

1. We have carefully considered Dr G’s complaint about the Driver and Vehicle Licensing Agency (DVLA). We are sorry to hear about Dr G’s concerns and appreciate this was a stressful experience for him.

2. From the evidence we have seen, we think the DVLA has considered Dr G’s application in line with relevant law and policy, and its decision making was appropriate. We appreciate the DVLA provided incorrect information to Dr G about the process, and this caused frustration. We think the DVLA has already done enough to put this right.

From: PHSO decision P-006071, 26 August 2026, on the PHSO website ↗

Topics and themes

3 PHSO issues

Issue classifications (the PHSO's)

  • Driving licence
  • Driving licence
  • Driving licence

The decision in full

Other decisions about Driver and Vehicle Licensing Agency

  • P-00605826 Aug 2026, Closed After Initial Enquiries
  • P-00560721 Jun 2026, Upheld
  • P-00511826 Mar 2026, Closed After Initial Enquiries
All 5 recent decisions

The complaint

The complaint (the PHSO's words)

3. Dr G complains about how the DVLA handled his application to exchange his Polish driving licence for a British driving licence from January to May 2025. He says the DVLA’s decision to not exchange his licence is illogical and he says the DVLA gave him incorrect and confusing information about the process. He also says the DVLA failed to return his application form to him.

4. Dr G says this has caused him a lot of worry, anxiety and stress.

5. Dr G would like an additional financial remedy, and he would like the DVLA to return his application form.

Background

Background (the PHSO's words)

6. On 27 December 2024, Dr G made an application to the DVLA to exchange his European union (EU) driving licence. He held a valid Polish licence which had previously been exchanged from an Algerian licence in August 2016.

7. On 24 January 2025, the DVLA returned Dr G’s application as he needed to clarify where he passed his driving test.

8. On 8 February 2025, Dr G resubmitted his application. The DVLA made enquiries with the authorities in Poland.

9. On 12 March 2025, Dr G raised a complaint with the DVLA about its handling of his application. The DVLA issued it’s ‘step one’ response on 14 March and explained it would need to see proof of Dr G passing his test in a country with which the UK have an exchange agreement.

10. On 17 March 2025, Dr G wrote back to the DVLA and said he passed a test in Poland in August 2016. He said his Polish licence was an exchange for an Algerian licence issued on 30 July 2003.

11. On 30 April 2025, the Polish authorities confirmed to the DVLA that Dr G had only passed a theoretical test in Poland and not a practical test.

12. On 2 May 2025, the DVLA declined Dr G’s application as he did not meet the criteria to exchange his licence. Dr G asked the DVLA to escalate his complaint.

13. On 6 May 2025, the DVLA issued its ‘step two’ response and advised without evidence from the Polish authorities that Dr G passed a practical test in category B (car), he will need to apply for a British provisional driving licence.

14. On 20 May 2025, the DVLA sent a letter to Dr G identifying areas where its service had fallen short. It says the decision is correct, but staff gave Dr G incorrect information in the complaint responses. It apologised for not giving a clear overview and offered Dr G a payment of £200 for the errors. The DVLA subsequently made this payment.

15. Mr P requested a review from the Independent Complaints Assessor (the ICA). The ICA said it was satisfied with the DVLA’s approach and found no grounds to uphold the complaint or to take further action.

Findings

Findings (the PHSO's words)

18. Dr G says he had been driving in the UK using his EU licence for a significant period when he made the application. He says there is no logical reason his application should have been denied. He says the DVLA provided him with incorrect information about the process and did not return his application form.

19. The DVLA maintains its decision is correct and acknowledges there were some errors in communication.

Application decision:

20. Section 97 of The Road Traffic Act 1988 says the Secretary of State ‘must grant a licence to a person who […] makes an application for it in such a manner and containing such particulars as the Secretary of State may specify [and] provides the Secretary of State with Page 3 of 7 such evidence or further evidence in support of the application as the Secretary of State may require […]’. The DVLA acts on behalf of the Secretary of State and exercises the powers as set out in section 97.

21. The DVLA INF 38 leaflet says driving licences issued in the EU and three other countries in European economic area are treated the same as licences which were issued in the UK. The UK also has an agreement with 23 other designated countries whereby individuals with a valid licence issued in any of these countries can exchange it a for a British licence.

22. The DVLA can only accept applications to exchange an EU driving licence for a British licence if the test of competence (driving test) was passed in an EU country, or a country that is designated for driving licence exchange. If an individual has not passed a driving test in an EU or designated country, they will not be able to exchange their licence.

23. The driving licence Dr G was seeking to exchange was issued in Poland, which is part of the EU. However, his original driving licence (which was later exchanged for the Polish licence) was issued in Algeria, which is a not in the EU and is not on the list of designated countries.

24. The DVLA asked Dr G to provide evidence he has passed a driving test in Poland. It also made enquiries with the Polish authorities, who confirmed Dr G had only passed a theoretical test in Poland and not a practical test. He therefore did not qualify for a licence exchange.

25. We can see the DVLA acted in line with the information set out in INF 38 and the decision not to exchange Dr G’s licence was appropriate. We cannot see any indications of a failing here.

Return of application form:

26. The DVLA says it returned Dr G’s original application in the post on 2 May, and it no longer has this. The DVLA sent a scanned copy of the application form to Dr G on 29 October 2025.

27. We have seen the DVLA’s letter dated 2 May and it says, ‘please find enclosed your application form’. Dr G says he did not receive it. We appreciate Dr G’s strength of feeling about this and do not doubt his recollection. As an impartial organisation, we would not be able to independently verify whether the original application was enclosed with this letter. We would also not be able ask the DVLA to return it as it says it no longer has it. We will therefore not take any further action on this part of Dr G#s complaint.

Communication:

28. During the complaints process, the DVLA has acknowledged it gave inaccurate information to Dr G. In its step one response, the DVLA incorrectly advised it had not received Dr G’s application back, when it had. On 2 May, the DVLA told Mr P he would need to apply for a provisional licence, and which was not correct as he already had one. The DVLA acknowledge it should have instead provided direct advice to Dr G on how to obtain a replacement.

29. We recognise the DVLA gave Dr G wrong information about to proceed which understandably caused him stress and frustration.

30. The UK central government complaint standards say organisations should give fair and accountable responses and ‘wherever possible, colleagues explain why things went wrong and identify suitable ways to put things right for service users’.

31. The DVLA has acknowledged what went wrong, apologised to Dr G and paid him a financial remedy of £200. We consider this is enough in line with UK central government complaint standards and our guidance on financial remedy to put this right. We think the financial remedy offered is appropriate based on the linked injustice.

32. Having carefully considered the available evidence, we have decided to take no further action on Dr G’s complaint. Overall, we consider the DVLA made the correct decision on Dr G’s application, in line with policy. It has acknowledged it has made communication errors and has already taken appropriate steps to put things right. We recognise how important Dr G’s complaint is to him and we thank him for taking the time to bring it to us.