what type of law underpins the requirement to teach rse and relationships education in schools?

The requirement to teach Relationships Education and Relationships and Sex Education (RSE) in schools in England is underpinned by statutory education law passed by Parliament, not just optional guidance or local policy.

The Core Legal Basis

• The main underpinning is primary legislation in the form of the Children and Social Work Act 2017, which gave the government the power to make relationships education and RSE compulsory.

• Using those powers, Parliament approved secondary legislation (the Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019) which legally requires:
  • Relationships education in all primary schools.

* Relationships and sex education (RSE) in all secondary schools.

How It Links to the Education Acts

• The Regulations work alongside the Education Act 2002 and Education Act 1996 , which set out schools’ curriculum duties.

• Statutory guidance on RSHE was then issued under section 80A of the Education Act 2002 and section 403 of the Education Act 1996, which schools are legally expected to follow unless they have a very strong reason not to.

What “Type of Law” Is It?

• It is a mix of:
  • Primary legislation : Children and Social Work Act 2017 (an Act of Parliament).

* **Secondary (delegated) legislation** : RSHE Regulations 2019 made under that Act.

* **Statutory guidance** : Government guidance issued under powers in the Education Acts, which gives detail on what must be taught and how.

So, in plain terms: the requirement is grounded in education statute (Acts of Parliament) plus binding regulations and statutory guidance , not just school-level policy or non‑binding advice.