Caroline Spelman's son loses High Court privacy injunction case

The judge said that there was little that could be said in a public judgment about the nature of the activity with which the legal action was concerned, except that it was related to Mr Spelman's sporting achievements and aspirations.

Mr Spelman had made clear that any publicity would be most unwelcome and was greatly feared by him and his parents, and the court accepted that even sympathetic coverage would probably have a serious adverse effect.

The judge said the issue of whether Mr Spelman had a reasonable expectation of privacy was one on which each side had a real prospect of success - as was the issue of public interest.

Public debate about how schools and sporting authorities perform their functions with regard to children was important.

He said: "I must make clear that in the present case no one has put in doubt that the school, or anyone else who may be involved, is doing their best to give appropriate priority to the welfare of the claimant.

"But what is appropriate priority, and what is for the welfare of children and young people, is itself a matter fit for public discussion.

"This can be seen from the history of the last 50 years. Opinions can change.

"Discipline by corporal punishment was almost universal in schools in England, until the 1960s, and it was administered by many parents and school teachers who believed that it was in the best interests of the children. It has since come to be regarded as unacceptable.

"On the other hand, the demands made on children for the benefit of sport have increased very greatly over that period.

"Whereas in the past there was relatively little money to be made out of sport by anyone, sport has in recent years generated huge revenues, mostly from broadcasting and other intellectual property rights.

"So there is a risk that those responsible for organising national and international sporting activities may have interests that conflict with the welfare of the children who participate, or aspire to participate, in these activities."

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