Under section 497 of the Education Act 1996, the Secretary of State has the power to take legal action against local authorities who are not meeting their statutory duties 46 Educational poverty: how children in residential care have been let down and what to do about it relating to the provision of education. The Department must provide clearer guidance setting out how it will identify and sanction local authorities who are breaking the law in failing to secure school places for their looked-after children. The Department must also set out clearer guidelines on the responsibility of central government when an authority is non-compliant.