Secretary of State default order CA 1989 s. 84
The Secretary of State can order a local authority in default for failing to perform Children Act duties without reasonable excuse and enforce compliance.
If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty. An order under subsection (1) shall give the Secretary of State’s reasons for making it. An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary. Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a local council fails to carry out its statutory duties under this legislation without a reasonable excuse, the Secretary of State has the power to step in. The Secretary of State can issue an order formally declaring the local authority to be in default regarding that specific responsibility.
The order must explicitly state the reasons for making it. It may also include mandatory directions that compel the local authority to meet its duty within a timeframe specified in the order.
If the council fails to obey those directions, the Secretary of State can apply to the court to enforce them through a writ of mandamus, which is a judicial order compelling a public body to perform its legal duty.
When it applies
- A local council systematically fails to fulfill its statutory obligations to assess and support children in need without any lawful reason.
- A local authority refuses to carry out statutory child welfare obligations assigned to it under the Act.
- A council fails to implement required child protection procedures and ignores administrative demands to fix the failure.
What this section does not say
- A parent seeking a court order regarding who a child lives with or spends time with, which is covered under section 8.
- A private citizen claiming monetary damages or compensation from a council for legal breaches.
- Appealing a judicial decision or care order made by a family court judge.
Related sections
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This page reproduces the text of CA 1989 s. 84 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.