The Public Law Podcast

Victoria Butler-Cole KC, Nicola Greaney KC and Arianna Kelly discuss the recent decision in Re Various Applications in respect of ‘Direct Payments’ [2026] EWCOP 42 (T2), a matter considering seven applications for authority to manage direct payments for people lacking capacity. This judgment followed on from Lumb v. NHS Humber & North Yorkshire ICB [2024] EWCOP 57 (T2), in which Senior Judge Hilder found that it was outside of the general authority of property and affairs deputies to manage direct payments for people entitled to public funding through NHS Continuing Healthcare.

In this fourth episode for 2025, 39 Essex Chambers’ Barristers Katherine Apps KC, and Francesca Gardner discuss Safeguarding in the context of contractual issues and disputes. Katherine explains the various ways and circumstances that contractual issues arise in the safeguarding context, and explores some of the wider and more complex issues for practitioners to be aware of. The session covers a wide range of topics including: express contractual duties, implied terms, termination, the impact of statutory duties, interim relief, whether a case is suitable for Judicial Review or will instead progress in the Civil Courts, the potential impact of the Crown Proceedings Act 1947 and some of the recent case law. The session also explores the practical lessons to be learned from the case law in these areas. This is a fascinating session, and a perfect way to conclude this year’s series of podcasts to mark Safeguarding Adults Week 2025.

In another practical episode, 39 Essex Chambers' Barristers Ian Brownhill and Francesca Gardner explain the various scenarios where a person needs to be taken to hospital and how it is done legally, even if they are objecting to it, or a relative is obstructing their conveyance.Francesca explains how orders can be made for children under the Children Act 1989 and Ian explains various power to enter a person’s home with and without the authority of a court. Francesca and Ian explain how the Court of Protection will become involved in respect of adults who can’t make decisions in respect of their conveyance to hospital and remind listeners about the need to consider ceilings of care and advance decisions to refuse treatment. The barristers explain how the court will approach questions as to chemical restraint and the practical implications of when permission is sought to use it. Finally, there is discussion as to section 135 of the Mental Health Act 1983 and the availability of Adult Protection and Support Orders in Wales.

39 Essex Chambers' Barristers Francesca Gardner and Ian Brownhill demystify the legal framework in respect of financial abuse. Francesca and Ian explain what the statutory definition of financial abuse is and how the statutory language includes matters which are criminal offences. Francesca and Ian clarify that financial abuse isn’t just something that happens within families but can include people who are in positions of trust, even lawyers who are providing services. They shed light on the fact that there is no monetary threshold before something is considered financial abuse.Having explained what financial abuse is, the barristers set out to provide a practical explanation of various different legal concepts from attorneys, deputies, appointees and what next of kin actually means. Francesca and Ian talk about how capacity assessments in respect of property and affairs ought to be completed, duties when financial abuse is identified and the role of the Public Guardian.

In the first episode for 2025, 39 Essex Chambers' Barrister Ian Brownhill talks to John Robinson is a Clinical Nurse Consultant in Palliative Care, based at Fiona Stanley Fremantle Hospitals Group, Perth, Western Australia.John was previously employed as the Voluntary Assisted Dying Coordinator for the South Metropolitan Health Service area of Perth for two years from its commencement, supporting more than 250 people and their families through the VAD process.John explains how Voluntary Assisted Dying works in Western Australia and what safeguards are built into the process. Through their conversation, John and Ian explore what can be learnt from systems around the world when it comes to discussing the Terminally Ill Adults (End of Life) Bill in England and Wales.

Francesca Gardner and Stuart Sale, CEO of the Ann Craft Trust discuss the reflections from Safeguarding Adults Week 2024, the themes, the key issues and the objective for 2025.

Francesca Gardner speaks with Gillian Sanders, the Integrity Manager at World Sailing about Safeguarding in Sport, including Gillian’s insights and experiences of Safeguarding from her own experiences of competing in the Olympic Games.

The inherent jurisdiction of the High Court in respect of vulnerable adults is one of the tools in safeguarding that remains misunderstood. 39 Essex Chambers barristers, Francesca Gardner and Ian Brownhill answer key questions on what the inherent jurisdiction can do and when it might be used.

39 Essex Chambers barristers, Katherine Apps KC and Ian Brownhill discuss the flow of information in safeguarding cases. They explore the challenges of dealing with disinformation and misinformation as well as matters that need to be considered when sharing information or placing it in the public domain.

In this second part of two-part special, 39 Essex Chambers barrister Ian Brownhill continue his discussion with mental health policing expert Michael Brown.