He has failed it SEVERAL TIMES, you are just strengthening the arguement that learner drivers should not be on the road without a fully licenced driver. If someone fails several times he is obviously doing something wrong and a danger to himself and other road users, you say he likes to see his family, what if he was to kill himself or others because he is a danger on the road?? Anyone who gets driving lessons from a good instructor WILL pass the driving test, and if they fail they do not belong on the road, simple as. Driving laws are there for the safety of all and must be obeyed by all, not just obey them if they are convenient.