Fiducia TogetherStatutory guidance
Guidance schools and councils must have regard to. Not optional, and not quite law.
Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.
What it is
Statutory guidance is issued under a power in an Act. Bodies must "have regard to" it, meaning they must follow it unless they have good reason not to and can justify the departure.
Where it applies
Schools, colleges and local authorities. The SEND Code of Practice, Keeping Children Safe in Education and the exclusions guidance are the ones families meet most.
How it works
The distinction from law matters in practice. Law says must; statutory guidance says should, and a "should" is close to a "must" unless there is a documented reason.
Non-statutory guidance is advice only, and departing from it needs no justification.
What you can ask for
Quote it. Naming the document and the paragraph changes a conversation, because departing from statutory guidance has to be defensible.
Ask for the reason where guidance has not been followed. "We do it differently here" is not a reason; a documented, considered rationale is.
Where to get help
The guidance itself, all free on GOV.UK. SENDIASS for free local advice, IPSEA and Contact nationally.
Where to read more
Last reviewed 2026-08-28 by Fiducia Together · Next review due 2027-08-28
Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.