What Are Statutory and Non-Statutory Subjects in UK Schools?

A statutory subject is one that schools in England must teach by law — either because it sits within the National Curriculum or because separate legislation requires it. A non-statutory subject may be offered at the school's discretion. Knowing which is which helps parents understand what provision their child is entitled to.

Which subjects are statutory under the National Curriculum?

The National Curriculum applies to maintained schools in England (community schools, voluntary-controlled and voluntary-aided schools, and foundation schools). It sets out a core set of subjects that must be taught at each Key Stage.

At Key Stage 3 (Years 7–9), the statutory National Curriculum subjects are:

At Key Stage 4 (Years 10–11), the statutory National Curriculum subjects reduce:

So at KS4 the school must still teach English, Maths, Science, Computing, PE, and Citizenship — but History, Geography, MFL, Music, Art, and Design and Technology become optional from the school's perspective, even if individual students can choose them as GCSEs.

What about RE — is it in the National Curriculum?

Religious Education (RE) is statutory but not part of the National Curriculum. It is governed by separate legislation (the Education Act 1996 as amended) and must be taught at every maintained school from age 5 to 18. However, the content of RE is determined locally by Agreed Syllabus Conferences (local authority committees that include faith representatives), not centrally by the DfE.

Parents have the right to withdraw their child from all or part of RE on grounds of religious belief. No equivalent right of withdrawal exists for National Curriculum subjects.

What is PSHE — is it statutory?

Personal, Social, Health, and Economic (PSHE) education has two distinct parts since September 2020:

• Relationships and Sex Education (RSE) — statutory at all secondary schools from September 2020, under the Children and Social Work Act 2017. All secondary pupils must receive RSE. Parents can request that the sex education element (but not the relationships element) be withdrawn for their child before Year 10.
• Health Education — statutory for all maintained schools from September 2020.
• The broader PSHE content (careers, financial literacy, mental health, etc.) — non-statutory in the National Curriculum sense, but Ofsted inspects it as part of its personal development judgement, so most schools treat it as effectively compulsory in practice.

Does the statutory requirement apply to academies?

This is an important distinction many parents miss. Academies and free schools are not required to follow the National Curriculum. Their funding agreements require them to offer a "broad and balanced curriculum" but allow significant flexibility. In practice, most academies teach largely the same subjects as maintained schools, but they are legally free to omit National Curriculum subjects.

However, even academies are bound by:

• The statutory requirement to teach RE
• The statutory requirements for RSE and Health Education
• The requirement to teach Citizenship (for most academies, set out in their funding agreements)

If you are unsure what a particular academy must and must not teach, check its funding agreement, which is a publicly available document.

What are non-statutory subjects and why do they matter?

Non-statutory subjects at secondary level include:

• Drama (often taught but not a National Curriculum requirement)
• Media Studies
• Business Studies
• Sociology
• Psychology
• Economics
• Additional languages (beyond the one required at KS3)

Schools have full discretion to offer these subjects or not. A school that does not offer Drama as a GCSE option is not in breach of any law, though Ofsted would assess whether the curriculum was sufficiently broad and balanced.

Non-statutory subjects are not lesser qualifications — a GCSE in Drama, Business, or Media Studies is graded and valued in the same way as any other GCSE and can form part of a UCAS application.

Frequently asked questions

Can a school drop a subject from the curriculum permanently?

A maintained school can choose not to timetable a non-statutory subject. It cannot drop a statutory National Curriculum subject or RE without breaching its legal obligations. If you believe a maintained school is not teaching a statutory subject, you can raise this with the local authority, the Regional Schools Director (for academies), or Ofsted.

Is Welsh compulsory for all schools in Wales?

This guide covers England. In Wales, Welsh is a mandatory National Curriculum subject for all pupils from age 5 to 16 in maintained schools. The Welsh curriculum (Curriculum for Wales, rolled out from 2022) differs from England's in structure and content. Welsh is taught as a first or second language depending on the school's language of instruction.

Why is music statutory at KS3 but not at KS4?

The National Curriculum was designed to guarantee a broad entitlement during the foundational years (KS3) while giving pupils more choice at KS4 as they focus on GCSEs. At KS4, the expectation is that pupils pursue depth in a smaller set of chosen subjects rather than breadth across all areas. Music GCSE remains widely available as an option even though it is not compulsory.

Does a child have to take PE right up to Year 11?

Physical Education is statutory across KS3 and KS4 for maintained schools, so all pupils must receive PE throughout Years 7 to 11. However, PE does not have to be taken as an assessed GCSE — schools can meet the statutory obligation through non-examined PE lessons. Some schools make GCSE PE available as an option; others deliver PE only as a core lesson without examination.

For subject-specific tutoring across the National Curriculum and beyond, visit aitutors.me.