In the last few blogs, we’ve looked at how to get your licence approved and the conditions of your licence. Having put in the hard word to get your licence, don’t make the mistake of flouting rules and having your licence suspended or revoked.
It’s also good to know when you have put in the effort to get your licence that others aren’t abusing the system that you have followed. In this blog we’ll detail when the SIA will step in to possibly take a person’s licence from them.
If your licence is suspended or revoked, you won’t be able to get any work, so make sure you check out these SIA regulations.
When does the SIA suspend a licence?
In most cases, the SIA will only suspend a licence if they believe that public safety is being threatened if the licence is not revoked. In other cases, a decision to suspend a licence will be made if the SIA believes it’s in the public’s best interest. Many times this relates to a serious offence committed or one that is going to be investigated by the police or other relevant authorities.
What are some of the offences that can cause a licence to be suspended?
Some of the offences that the SIA will consider before suspending a licence include but is not limited to:
✔️Assault occasioning bodily harm. This includes actual or grievous assault.
✔️Possession of indecent photographs of children
✔️Restriction of production and supply of controlled drugs
How will I know if my licence has been suspended?
If the SIA decides that your licence should be suspended the organisation will write to inform you. In the letter that you receive, you will be given the reasons for the suspension. On receipt of the letter, if you do not agree with the decision you will have 21 days to exercise your right of appeal to a Magistrates’ Court or Sheriff Court.
Can I contact the SIA if I believe there has been a mistake?
Yes, you may contact the SIA with your concerns if you believe that a factual mistake has been made. Some examples of factual errors include mistaken identity or an error in assessing criminal history.
How long will my licence remain suspended if there was a mistake?
Even if there was a mistake on the SIA’s part your licence will remain suspended until the issue is resolved. Another way that the matter can be resolved is with your licence being reinstated because you have been found not guilty of the crime that you were accused of.
What happens if my licence is suspended?
If your licence has been suspended, you will not be able to legally work in any licensable sector. It’s important to note that all licence suspensions will take effect immediately. The suspension of a licence is considered a temporary measure by the SIA so that they can look into an issue and make a decision.
Your situation will be reviewed by the SIA every 90 days to make sure that the licence needs to remain suspended. If after review the suspended licence is revoked then you will not be able to work even if you appeal the decision. However, if your appeal against the revoking of your licence is successful, your licence will once again be returned to the suspended category where it will be reviewed after 90 days.
What causes a licence to be revoked?
There are some times when the SIA deems it necessary to revoke a licence. When this happens, it is usually because of one of the following:
✔️The licence has been obtained using fraudulent documents or in some cases a fraudulent identity.
✔️The licence has been used by someone other than the licence holder to engage in an activity that only a licence holder should.
✔️The licence holder does not have the training or the qualification that they claimed when applying for a licence.
✔️The licence holder has received a sentence for a relevant offence and the date of their sentence restrictions end within the time of an SIA automatic refusal.
✔️The licence holder has been working illegally, for example, ifthey do not have the right to work or the SIA has been informed by the relevant authorities that the person cannot legally work in the UK.
✔️If the licence holder breaches any additional conditions placed upon the licence by the SIA.
✔️The licence holder receives a sentence and the date for the relevant offence falls within the SIA’s additional factors category.
✔️The SIA has been informed that the licence holder is not a fit and proper person to hold a licence.
How will I know if my licence has been revoked?
If the SIA takes a decision to revoke your licence, they will inform you by sending a letter. The letter that you receive will also inform you of why the decision was taken. On receipt of the letter, you will have 21 days to respond.
What should I include in my response?
If you believe that the decision was a mistake then you can respond by stating why. In this instance, you should include any factual errors such as mistaken identity that you believe have been made. The SIA may invite you to provide mitigation in the event a crime that places you in automatic refusal has not been committed.
What happens if I’m allowed to provide mitigation?
If you are allowed to provide mitigation, the SIA will consider the evidence that has been submitted. This must be done in the 21 days stipulated. If this is done the SIA will consider what you have provided and write once again to inform you of the decision. If for some reason you are having a difficult time providing the necessary evidence, you can ask for a further 21-day extension. The final decision remains with the SIA who can decide not to grant you the extension.
What happens if I don’t respond?
If you do not respond within 21 days of receiving the letter from the SIA your licence will be revoked. If this happens, then you will have another 21 days in which to exercise your right of appeal to a Magistrates’ or Sheriff Court.
It is very important to remember that in the event your licence is revoked the SIA has no power to revisit that decision unless directed by the relevant court. The only way that the SIA can reverse a decision of this nature is if there was an established fundamental mistake.
Can I continue to work if I am appealing the revoking of my licence?
Yes, your licence will remain valid during the appeal process. That means you will be able to continue working while the appeal is going on. However, if your licence has been suspended then you cannot.
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