§ Lord Gainfordasked Her Majesty's Government:
What are the implications of the judgment by Sir Michael Ogden in the case of Kenny and Woodroffe v South Manchester College.
The Minister of State, Home Office (Earl Ferrers)On 24th March 1993 Sir Michael Ogden held in the case ofKenny and Woodroffe v South Manchester College that the European Community Acquired Rights Directive applied to the transfer from one undertaking to another of education provision at Thorn Cross young offender institution.
The Prison Service has a clear, significant and legitimate interest in the judgment. Counsel was instructed by the Treasury Solicitor to attend the hearing and to maintain a watching brief for the Prison Service. If the judgment is upheld on appeal it will affect the amount of public money which the Prison Service will need to pay contractors for the future provision of education services in prison establishments. A protective notice of appeal has now been lodged by South Manchester College. The Prison Service is meeting the college's legal costs in relation to the appeal.
A note will be added in due course to the 1993–94 Appropriation Account in accordance with the principles set out in Government Accounting section 12.6.12.