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.

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.

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.

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.

Ian and Michael also discuss the Right Care, Right Person model of policing and how this may impact on people experiencing a mental health crisis.

In the first episode, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures.

Steve and Anna ask what is the difference between safeguarding children in education as opposed to adults? How should an educational institution go about safeguarding when there is such a wide range of different needs, capacities and indeed ages in those they are educating? What should an educational institution do while investigating safeguarding concerns, specifically when this occurs between students? This podcast by two experienced barristers in the field starts to open up the conversation on this complex field which lacks detailed guidance for institutions to follow.

Ian talks about how politics and political decisions shape how safeguarding is delivered for children and adults at risk. He takes time to reflect on how safeguarding adults is developing as a concept in Ireland and the approach taken in the Isle of Man. Ian also talks about the political will needed to pursue injunctions against people who might pose a risk to a vulnerable adult and what the very recent decision in Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312 means for public bodies.

Molly and Ian talk about how safeguarding has evolved in rugby and how participation in team sport can be facilitated for children who are looked after and adults with care needs.

• The implications of the case for people with needs for care and support and local authorities  -  what should service users expect,and how should local authorities respond?
• When a ‘universal service’ (including holidays, transportation and entrance fees) may be an eligible need under the Care Act 2014
• How the case may impact on charges and disability-related expenditure
• What has changed since the Care Act 2014 replaced the National Assistance Act 1948
• Whether the Care Act 2014 can require a local authority to fund outings and holidays

In the fifth episode which is released today, sports and safeguarding barrister Dan Kozelko joins Ian and they discuss: ‘Safeguarding in Esports’,   Dan and Ian talk about the nature of the sports and the unique profile of risks which arise from them. Dan and Ian also discuss who is the right regulator for safeguarding issues in this space and how cross border issues pose a challenge.  

- The previous structure of the NHS

- The need for reform

- The new structure of the NHS

- An explanation of the composition of ICSs and their role

- Difficulties that may occur as the new structure ‘beds in'

- The extent to which the changes are likely to achieve their policy objectives

The podcast is essential listening for all those practising healthcare law.

In this first episode which is released today, Ian Brownhill asks, ‘Is safeguarding trendy?’ Ian explores the role that trends have in safeguarding in sport, statutory services and beyond.