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.