Children Act 1989, section 84

Local authority failure to comply with statutory duty: default power of Secretary of State

Part XI Secretary of State’s Supervisory Functions and Responsibilities

(1)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.

(2)An order under subsection (1) shall give the Secretary of State’s reasons for making it.

(3)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.

(4)Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

Definitions used in section 84 2

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act

Cases considering section 84 6

Kent County Council, R (on the application of) v Secretary of State for the Home Department

[2023] EWHC 3030 (Admin) · 28 November 2023

The judgment identifies the Education Secretary’s power to direct Kent County Council to comply with its statutory duty. The decision not to use that power meant that the Home Secretary had to find another way to end the unlawful situation. (see paras [44]-[46])

X and Y (Children)

[2018] EWHC 451 (Fam) · 8 March 2018

The provision was considered as the enforcement mechanism for breach of statutory duties. The court granted a declaration that failure to consult or inform could amount to a reasonable excuse in the exceptional circumstances identified. (see paras [50]; [53]; [55]-[57])

S (A Minor : Care: Consultation With Parents Not In Child's Best Interests)

[2005] EWHC 3390 (Fam) · 20 December 2005

Applies the provision as the enforcement mechanism for failure by a local authority to comply with duties imposed by or under the Act. The declaration relieved the authority from the usual consultation and information obligations because the exceptional circumstances supplied a reasonable excuse. (see paras [20]-[22], [36])

What each judgment says about section 84 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I70S. 84 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)