Statutory vs Non-Statutory Guidance | EYFS

Part of the EYFS Glossary

This article forms part of our EYFS Glossary of Early Years Education Terms, which explains key curriculum, pedagogy, and assessment language used in early years practice.

EYFS Definition

Statutory guidance refers to requirements that early years providers must follow because they are set out in law or regulations. Non-statutory guidance provides advice or recommendations that support practice but is not legally required.

On This Page

• What Does Statutory Mean in EYFS?
• What Does Non-Statutory Guidance Mean?
• Examples of Statutory and Non-Statutory Documents
• Why Both Types of Guidance Are Used
• Common Questions
• Summary
• Related Glossary Terms
• Further Guidance

What Does Statutory Mean in EYFS?

In the context of the Early Years Foundation Stage (EYFS), statutory guidance refers to requirements that early years providers must follow because they are defined within legislation or statutory regulations.

These requirements outline expectations for how early years settings support children’s learning, development, safeguarding, and welfare.

Early years providers registered in England are legally required to follow the expectations set out in statutory guidance.

What Does Non-Statutory Guidance Mean?

Non-statutory guidance provides advice, examples, or suggestions to support practitioners in implementing the EYFS. While this guidance can help practitioners understand child development and support effective practice, it is not legally required.

Settings may choose to use non-statutory guidance alongside their professional knowledge and experience when planning learning experiences or interpreting children’s development.

Non-statutory guidance is often designed to support practitioners in applying the statutory framework in practical ways.

Examples of Statutory and Non-Statutory Documents

Within the EYFS, several documents illustrate the difference between statutory and non-statutory guidance.

Statutory Guidance

Statutory guidance includes documents that early years providers must follow.

Examples include:

• EYFS Statutory Framework

This document sets out the legal requirements for learning and development, safeguarding, and welfare within early years provision.

Non-Statutory Guidance

Non-statutory guidance provides advice that supports the implementation of the statutory framework.

Examples include:

• Development Matters

This guidance offers examples of how children’s learning and development may progress and suggests ways practitioners can support learning.

Why Both Types of Guidance Are Used

Statutory guidance establishes clear expectations that all early years providers must meet in order to support children’s safety, wellbeing, and development.

Non-statutory guidance provides flexibility and professional support by offering examples and ideas that practitioners can adapt to suit their setting, children, and community.

Together, these forms of guidance help ensure both consistency and flexibility within early years practice.

Common Questions About Statutory and Non-Statutory Guidance

• Do early years providers have to follow non-statutory guidance?

  No. Non-statutory guidance is not legally required. Practitioners may use it to support their practice, but they are not obligated to follow it.

• Why is non-statutory guidance provided if it is not required?

  Non-statutory guidance helps practitioners interpret and apply the statutory framework in practical ways. It provides examples of practice that can support children’s development.

• Can settings use other guidance instead of Development Matters?

  Yes. Settings may use a range of guidance and resources to support their understanding of child development, provided they continue to meet the statutory requirements of the EYFS.

Summary

Statutory guidance sets out legal requirements that early years providers must follow, while non-statutory guidance offers advice and examples that support practice but are not mandatory.

Within the EYFS, documents such as the EYFS Statutory Framework represent statutory guidance, while resources such as Development Matters provide non-statutory support for understanding children’s development and learning.

Related Glossary Terms

The following glossary entries are closely related to Statutory vs Non-Statutory Guidance and provide additional context:

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Further Guidance | Related Documents within our ‘EYFS Curriculum & Pedagogy’ suite:

Below you will find a selection of guidance documents from within our Little Owls Resources ‘Curriculum & Pedagogy’ area which explore this concept (& its age-specific application within EYFS settings) in greater depth.

[For additional documents please visit our support pathways: Baby | Toddler | Preschool | Reception | Mixed-Age]

Further Guidance | Related Resources within our ‘Printable Provision’ area:

The following resources are within our ‘EYFS Framework’ collection. They refer to information contained within the ‘EYFS Statutory Framework’ and also supporting material within ‘Development Matters’.

Disclaimer
The information provided in this glossary is intended to support understanding of terminology commonly used within the Early Years Foundation Stage (EYFS). It does not constitute official guidance and should not be considered a substitute for the EYFS Statutory Framework or other Department for Education publications.

Terminology and interpretations may vary between settings and professional contexts.