The Public Law Podcast: Recent Episodes
39 Essex Chambers
This episode of Everyone’s Business discusses the safeguarding of adults in charities. Ian and Francesca discuss the issues and responsibilities surrounding the safeguarding of adults within the charity sector. Ian and Francesca reflect on the widely publicised safeguarding concerns which occurred in the overseas aid sector. They consider why and how does a charity need to anticipate safeguarding risks? How do we take a survivor led approach to safeguarding? Who is responsible for investigating and reporting violations within a charity? All charities have a responsibility to not cause harm; this episode discusses how this responsibility manifests and what the increased obligations for safeguarding means for policy and practice.
In this episode of Everyone’s Business, Steve and Anna start to discuss the complex area which is the safeguarding of adults in education. This episode focusses on adults who have just turned 18 and are still in secondary school, FE colleges specifically those providing education for disabled adults and adults with special educational needs, and young adults in higher education. The overarching theme throughout this podcast is how little specific guidance and policy there is for safeguarding in adults in education – this is in stark contrast to the rigorous and frequently reviewed policies that safeguard children.
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.
Companies are becoming increasingly scrutinised regarding their obligations in respect of safeguarding. Ian Brownhill and Scarlett Milligan discuss what this means in practice, thinking about how the statutory regime applies to commercial enterprises throughout the supply chain as well. Do commercial companies in fact have safeguarding obligations? What happens when a company finds itself on the receiving end of a statutory safeguarding enquiry? And how does market position and consumer demand impact companies' actions in respect of safeguarding? Ian and Scarlett delve into how individual safeguarding concerns can morph into civil liability and reputational damage.”
Safeguarding in competitive sports is increasingly featuring in headlines with allegations of assault, grooming and abuses of power. 39 Essex Chambers barristers Susan and Nicola discuss what makes the sporting arena susceptible to so many safeguarding issues. What is it about the relationship between coach and athlete which creates a risk of abuse? What safeguarding frameworks exist to safeguard adults who would not be treated as “adults at risk” in safeguarding policies? How can the risk of abuse for adults in sport be mitigated?
This episode introduces the different types and means by which someone falls under the umbrella of the safeguarding of adults from two 39 Essex Chambers barristers. What is meant by an adult who lacks mental capacity? In what scenario are they considered to need safeguarding? Through the analysis of The Care Act, they give their thoughts on the obligations of care workers and the steps that can be taken to uphold safeguarding protections. Katie and Nyasha clearly explain how authorities, carers and individuals can understand their responsibility to those who are considered unable to take meaningful steps to protect their persons and their interests.
Scarlett Milligan and Tom Tabori, speaking with Anita Sharma of the charity INQUEST, explore recent appellate decisions which impact on the scope and conduct of inquests, the state's Article 2 obligations, and broader investigative duties on the state. In addition to key takeaways for practitioners, Scarlett, Tom and Anita discuss changes in practicalities, national statistics, and how bereaved families might be affected.
In the first episode of this series, Katherine Barnes and Adam Boukraa answer two difficult questions about the timing of a judicial review. They first discuss the case law on when the three month period ends for bringing a judicial review, before moving on to consider when time begins to run for bringing a challenge to secondary legislation and policy.
In the last episode, Ian Brownhill reflects on the series and shares his thoughts on: ‘The Politics of Safeguarding’. 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.
In this episode, rugby player (and solicitor) Molly Sanghera joins Ian and they discuss: ‘Safeguarding the player, safeguarding the game’. 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.
In this episode, solicitors Matthew Wort and Tim Coolican join Ian and they discuss: ‘Safeguarding concerns from an employment and regulatory law perspective’. Matthew, Tim and Ian talk about how safeguarding issues impact on issues of employment and regulatory law. Matthew and Ian talk about the importance of whistleblowers and Tim explains what regulators will look for in respect of safeguarding processes.
In this episode, Sian Davies and Arianna Kelly discuss the recent Court of Appeal in R(BG and KG) v Suffolk County Council [2022] EWCA 1047, in which the court considered a challenge to local authority’s refusal to fund holidays, day trips and food for two men with 24-hour needs for care and support. Sian and Arianna discuss: 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 this episode, Professor of Law, Conflict and Global Development at the University of Reading, Rosa Freedman joins Ian and they discuss: ‘Safeguarding In International Law’. Rosa and Ian talk about the safeguarding issues that arise in international development and whether the concept of safeguarding features in international law. Rosa and Ian also discuss which (if any) international body ought to take central responsibility for safeguarding children and adults at risk.
In this episode, Emma Hill joins Ian and they discuss: ‘Safeguarding 16 and 17 year olds’. Emma and Ian talk about the unique challenges of working with this group of people and the particular risks which they face. Emma and Ian also discuss the unique legal position of this group of young people and the impact of the decision in Bolton Council v KL [2022] EWCOP 24.
Everyone’s Business is a safeguarding podcast which explores interesting and unique perspectives in respect of safeguarding children and adults at risk. The series is part of 39 Essex Chambers' Public Law Podcast and features guests who can offer exceptional insight into the subject. This ambitious mini-series runs for ten episodes over summer 2022. From the role of the Safeguarding Adults Board to how safeguarding is growing as an international concept, there’s something for everyone. 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.
In this episode, independent chair of safeguarding adults boards Fran Pearson joins Ian Brownhill as they discuss: ‘Across The Board – Learning from Safeguarding Adults Boards’. Fran and Ian also talk about the work of safeguarding adults boards and the impact they have on protecting adults at risk. Fran answers Ian’s questions about how SABs capture the trends they identify and how they react to those trends. Fran shares her thoughts on what makes an effective safeguarding adults review.
In Episode 3 of the series, solicitor and safeguarding expert Dominik Opaliński joins Ian to discuss: ‘Safeguarding in Africa – Building Redress and Accountability’. Dominik and Ian also talk about how to build a safeguarding policy and culture that fits the context in which it is operated. Dominik and Ian consider how safeguarding is growing as an international concept of law and how it fits within wider frameworks of international law enforcement.
In this episode, Emily Wilsdon, Nyasha Weinberg and Chiara Cordone discuss the recent Supreme Court case of HA (Iraq) v SSHD [2022] UKSC 22, what it says about the 'unduly harsh' and 'very compelling circumstances' tests in deportation, and how it is likely to be applied in the future.
In Episode 2 of the series, independent social worker Mark Caulfield joins Ian and gives his, ‘Five Mistakes in Safeguarding Adults’. Mark and Ian also talk about the use of the inherent jurisdiction of the High Court and the importance of professional challenge.
In this episode, Katherine Barnes and Rachel Sullivan interview an ICS expert, Gerard Hanratty, to guide listeners through the recent structural changes to the NHS introduced by the Health and Care Act 2022. The episode covers: - 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.
Everyone’s Business is a safeguarding podcast which explores interesting and unique perspectives in respect of safeguarding children and adults at risk. 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.
Essential listening for all healthcare and procurement practitioners, in this episode public law specialists Jennie Thelen and Katherine Barnes, along with guest speaker Sharon Lamb from McDermott Will & Emery, discuss upcoming changes to NHS procurement law in light of the Health and Social Care Bill and the corresponding consultation.