ANNEX B:: CURRENT LAW RELATING TO SOCIAL CARE Direction making powers
533.Section 84 of the Children Act 1989 provides that, where the Secretary of Sate is satisfied that any local authority has failed, without reasonable excuse, to comply with duties imposed upon them under the Act, he may make an order declaring them to be in default with respect to that duty. The order must contain the Secretary of State’s reasons for making it, and may contain directions for the purpose of ensuring that the duty is complied with.
534.Section 7A of the Local Authority Social Services Act 1970 provides that every local authority shall exercise social services functions in accordance with directions made by the Secretary of State. Section 7C makes provision for Secretary of State to hold an inquiry. Section 7D empowers the Secretary of State to make specific directions where a local authority has failed to comply with duties which are social services functions.