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15 December 2009
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14.10.02

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RM plc and others v. the BBC - application for judicial review - statement by the BBC

The BBC has applied to the Department for Culture, Media and Sport for approval to develop a new digital curriculum service. The digital curriculum service would provide a large range of on-line educational materials for teachers and pupils in classrooms and at home.


In making its application to DCMS, the BBC understood that it should not incur any expenditure or undertake any activities for the development of the service itself until such time as the Secretary of State had granted approval for the launch of the service.


This position was confirmed in a BBC witness statement in their evidence in a judicial review action brought by the educational technology provider, RM plc and a number of others.


Accordingly, the BBC reassigned production and technical staff who had been working on the project. These people have since been working on other programmes and projects unassociated with the digital curriculum or have left the Corporation. Up to this point over £5 milllion had been spent developing the proposal and application for approval.


The BBC has now discovered that some further activity has in fact taken place involving expenditure commitments currently estimated to be in the region of £60,000.


The BBC has instigated an investigation into how the activity and spend came to take place and has apologised to the court through its counsel for previously having served misleading evidence.


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