This article considers the background and provisions of the New Secondary Curriculum in England. Attention is drawn to the extent of the policy changes by comparing the ten-year old demands of the Swift & Steers 'Manifesto for art in schools' (1999) with the new legislation and guidance. In particular, while there is strong support for overdue recognition of the importance of creativity in the curriculum it is argued that its inclusion remains problematic because the 'risky thinking' involved will be difficult in the many schools that have become risk averse in the face of ever increasing accountability. Nevertheless, there are very significant opportunities for art and design provided a number of key challenges are faced and acted upon.