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<p>Where a local authority is judged to be failing in its provision and delivery of
children’s services, the Secretary of State has a discretionary power to intervene
under the Education Act 1996, as applied by section 50 of the Children Act 2004. This
may include directing the local authority to review its children’s services operations
and commissioning procedures, and this may include the delivery of specified functions
by another body.</p><p> </p><p>The powers under part 1 of the Children and Young Persons
Act 2008 and associated regulations are quite different and provide for local authorities
to be able to delegate children’s social care functions, including safeguarding functions,
to third parties on a voluntary basis. The Department for Education has no plans to
instruct any local authorities to delegate their functions under these provisions.</p><p>
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