For school leaders, allergy safety is no longer an issue that can sit informally within a general medical conditions policy. Since 1 September 2026, relevant schools in England have been required to have a written allergy safety policy under Section 34 of the Children’s Wellbeing and Schools Act 2026.
This provision is commonly known as Benedict’s Law, following the death of Benedict Blythe. Its purpose is to improve how schools identify, manage and respond to pupil allergies, including the risk of anaphylaxis.
The statutory duty falls on the governing bodies of maintained schools, proprietors of academies, normally the academy trust, and the management committees of pupil referral units. Headteachers and senior leaders will normally lead implementation through the school’s delegated governance arrangements. However, the detail matters. Benedict’s Law is specifically concerned with allergy safety in the schools currently brought within its scope in England. It is not a general legal duty applying to ordinary businesses outside the education sector.
This article explains what school leaders need to know now, what should be included in a school allergy policy and where further regulations or government guidance may affect implementation.
What is Benedict’s Law 2026?
Benedict’s Law is the commonly used name for the allergy safety provisions introduced through Section 34 of the Children’s Wellbeing and Schools Act 2026.
Section 34 amends existing education and medical conditions legislation, including provisions under the Children and Families Act 2014, to require relevant schools in England to include an allergy safety policy within their arrangements for supporting pupils with medical conditions.
The relevant policy duty commenced on 1 September 2026 through the Children’s Wellbeing and Schools Act 2026 (Commencement No. 3) (England) Regulations 2026.
In practical terms, an allergy safety policy must address the management of allergies affecting pupils, including pupils who may be at risk of anaphylaxis. The policy must be:
- Written and available as a formal school document
- Kept under review
- Reviewed at least annually
- Updated where necessary
- Publicised in writing and brought, at least annually, to the attention of all pupils, all parents or carers and everyone who works at the school, whether paid or unpaid
- Published on the school’s website
The official text of Section 34 should be read alongside the latest Department for Education allergy safety guidance.
The legal position is developing. Section 34 also enables further regulations concerning medicines and medical devices, procedures for identifying and managing allergy risks, staff training, incident recording and reporting, and the designation of a person responsible for specified allergy-safety matters. School leaders should therefore avoid relying on outdated summaries or informal checklists.
The policy is now a legal requirement. The operational detail must be kept under active review.
Who does Benedict’s Law apply to?
As at 15 September 2026, the Section 34 policy duty applies to relevant schools in England, including:
- Local authority-maintained schools
- Maintained special schools
- Academies and free schools, including alternative provision academies
- Pupil referral units
The current Section 100A duty excludes maintained nursery schools and 16-to-19 academies.
Independent schools, including independent special schools, and non-maintained special schools are not currently subject to the Section 100A duty. However, Section 34 requires equivalent allergy-safety requirements to be introduced through their respective regulatory standards. Proprietors and leaders should check the latest official requirements applying to their specific setting rather than assuming that one set of rules covers every type of school.
Benedict’s Law also does not create a general allergy safety duty for ordinary businesses outside education. Employers in other sectors still have important responsibilities under wider health and safety, first aid, food safety and equality legislation, but those duties should not be described as “Benedict’s Law”.
Why an allergy safety policy matters
A pupil experiencing anaphylaxis may deteriorate rapidly. In an emergency, uncertainty over who should act, where medication is stored or whether staff can recognise symptoms can create dangerous delays.
An allergy policy is therefore not simply another document for a school website. It should provide a clear framework for:
- Identifying pupils with allergies
- Understanding the difference between an allergy and anaphylaxis risk
- Creating and maintaining Individual Healthcare Plans
- Communicating effectively with parents and carers
- Managing food, catering and cross-contamination risks
- Ensuring staff understand emergency arrangements
- Providing appropriate access to prescribed medication and emergency devices
- Recording incidents, near misses and lessons learned
Why it’s important
A policy that exists only on paper may not protect a pupil in practice. Regulators, governors, parents and insurers may reasonably ask whether staff were briefed, whether emergency arrangements were tested and whether the school acted on known risks.
Practical tip
Ask a member of staff who is not involved in writing the policy to explain what they would do if a pupil showed signs of anaphylaxis. If the answer is uncertain, the policy has not yet been embedded effectively.
What should a school allergy policy cover?
Schools within scope must have particular regard to the Department for Education’s Allergy safety in schools statutory guidance when developing, reviewing and implementing their policy. Any material departure should be supported by a clear and justifiable reason. Your document should be proportionate to the school’s size, pupil population and risk profile, while remaining sufficiently practical for use during a fast-moving emergency.
It should clearly explain:
- Who has overall governance responsibility
- Who coordinates day-to-day allergy arrangements
- How allergy information is collected, verified and updated
- Which pupils require an Individual Healthcare Plan
- How clinical allergy action plans are used
- Where prescribed medication and emergency AAIs are stored
- How staff can access medication quickly
- How staff are trained and briefed
- How catering and food-related risks are managed
- What arrangements apply during trips, clubs, sports and wraparound care
- How temporary, supply, catering, cleaning and agency staff are informed
- How emergencies, incidents and near misses are recorded
- How the policy is reviewed and communicated
Schools must have particular regard to the current statutory guidance on emergency adrenaline devices, training and named allergy leads. Additional regulations may make specific elements directly enforceable in their own right, so schools should continue checking for legal updates.
Individual Healthcare Plans and communication
An Individual Healthcare Plan, or IHP, is a key part of allergy management in schools. It should translate relevant clinical information into clear, practical arrangements for the school team.
An allergy-related IHP may include:
- The pupil’s known allergy and relevant triggers
- Signs and symptoms requiring urgent action
- Details of prescribed adrenaline auto-injectors
- Where medication is kept and how it can be accessed
- Whether the pupil carries or self-administers medication
- Adjustments needed during lessons, meals, activities and trips
- Emergency contact details
- The roles of staff responding to an incident
- Review arrangements and dates
The school is responsible for producing the IHP in collaboration with the pupil and their parents or carers, taking account of advice from relevant healthcare professionals. An Allergy Action Plan or other clinical plan should be attached where one has been issued. School staff must not make clinical judgements.
Communication must extend beyond permanent classroom teachers. A pupil may be exposed to risk during breakfast clubs, after-school activities, school transport, sports, educational visits or supply cover. Catering, cleaning, reception, administrative, premises and wraparound staff may all need appropriate awareness.
Emergency adrenaline auto-injectors and anaphylaxis response
Schools should establish clear arrangements for both pupils’ prescribed devices and any school-held emergency adrenaline auto-injectors where appropriate.
A robust procedure should identify:
- Where emergency devices are stored
- Who can access them
- How expiry dates and condition are checked
- How devices are recorded and replaced
- Which staff have received appropriate training
- How the emergency response links to the pupil’s IHP
- That 999 must be called immediately when anaphylaxis is suspected
- How parents or carers are contacted
- How the incident is recorded and reviewed
In suspected anaphylaxis, adrenaline should be administered as soon as possible and within five minutes. It should not be delayed while waiting for the emergency services to be contacted; wherever possible, another person should call 999 immediately. Staff should follow the pupil’s Allergy Action Plan where one is available. In a life-threatening emergency, anyone may take reasonable action to save a life. Emergency arrangements should not depend on finding one particular member of staff.
The school’s first aid arrangements should also be considered. General first-aid training alone is not sufficient. The statutory guidance expects all staff present when pupils are scheduled to be onsite—including temporary, supply, agency, catering and relevant wraparound staff—to receive allergy-awareness and emergency-response training at least annually.
Why it’s important
Delays, uncertainty and poor communication can increase the seriousness of an emergency. A prepared response gives staff the confidence to act promptly while emergency services are contacted.
Practical tip
Run a short, documented tabletop exercise. Test how quickly staff can locate the relevant IHP, identify the emergency device, call 999, allocate supervision and contact the parent or carer.
School allergy safety readiness checklist
Use this checklist to identify immediate gaps.
Governance and ownership
- Is a senior leader or responsible person clearly identified?
- Have governors, trustees or the proprietor reviewed the policy?
- Is the policy aligned with the school’s wider health and safety arrangements?
Pupil information and IHPs
- Do you know which pupils have allergies?
- Do pupils at risk of anaphylaxis have suitable plans?
- Are allergy action plans and medication details current?
- Is information shared only with staff who need it to protect the pupil?
Policy and communication
- Is the policy reviewed at least annually?
- Has it been updated to reflect the 2026 legal position?
- Is it published and publicised appropriately?
- Have pupils, parents and staff been told where to find it?
Training and briefing
- Have staff received allergy awareness training?
- Do relevant staff understand anaphylaxis and emergency response?
- Are temporary, supply, catering, cleaning and wraparound staff briefed?
- Is training recorded and refreshed when necessary?
Emergency arrangements
- Are emergency procedures clear and accessible?
- Can the pupil’s prescribed adrenaline devices be brought to them and administered within five minutes wherever they are on the school site?
- Are school-held emergency AAIs managed appropriately?
- Are first aid and emergency contact arrangements tested?
Catering and activities
- Are allergen controls understood by catering staff?
- Are food preparation and cross-contamination risks considered?
- Do trips, clubs, sports and off-site activities have suitable arrangements?
- Do pupils at risk of anaphylaxis have their prescribed adrenaline devices with them during trips and off-site activities? Has the school considered whether spare AAIs should also be taken without leaving the school site inadequately provided?
Testing and review
- Are incidents and near misses recorded?
- Is the policy reviewed after a serious incident or significant change?
- Can the school demonstrate that its arrangements work in practice?
Common mistakes school leaders should avoid
Treating the policy as a template exercise
A copied policy may not reflect your school’s buildings, staffing, catering model or pupil needs.
Keeping information in one office
A plan that cannot be accessed quickly by trained staff is unlikely to support an effective emergency response.
Relying on verbal briefings
Important arrangements should be documented, recorded and refreshed. Verbal instructions can be missed when staff change or absence cover is required.
Ignoring non-classroom settings
Allergy risks do not stop at the classroom door. Dining halls, minibus journeys, sports facilities, residential trips and after-school activities all require consideration.
Failing to review after a near miss
A near miss may expose weaknesses before a serious incident occurs. Use it as an opportunity to strengthen safeguards rather than waiting for harm to occur.
What should school leaders do now?
- Confirm whether your school is within the current scope of Section 34.
- Read the latest DfE statutory guidance and relevant commencement regulations.
- Review your existing medical conditions, first aid and safeguarding arrangements.
- Create or update a dedicated allergy safety policy.
- Check every relevant IHP and allergy action plan.
- Confirm emergency medication, storage and access arrangements.
- Brief and train staff, including temporary and support staff.
- Review catering, trips, clubs and wraparound provision.
- Test your emergency response and record the outcome.
- Set a formal annual review date, with earlier review after incidents or significant changes.
Benedict’s Law is an important development in school health and safety, but compliance should not become another box-ticking exercise. The objective is a working system that safeguards pupils, supports staff and gives leaders defensible evidence that risks are being actively managed.
Frequently asked questions
What is Benedict’s Law?
Benedict’s Law is the common name for the allergy safety provisions introduced by Section 34 of the Children’s Wellbeing and Schools Act 2026. It requires relevant schools in England to have, review and publicise an allergy safety policy.
When did Benedict’s Law come into force?
The relevant school allergy safety policy provisions commenced in England on 1 September 2026 under the Children’s Wellbeing and Schools Act 2026 (Commencement No. 3) (England) Regulations 2026.
Does Benedict’s Law apply to every business?
No. It is specifically concerned with allergy safety in the schools currently brought within its scope in England. It is not a general duty applying to ordinary businesses outside education.
Does every pupil with an allergy need an Individual Healthcare Plan?
Not every pupil with an allergy will require an IHP. The statutory guidance says an IHP should be produced where the allergy has a functional impact at school, places the pupil at risk of harm and requires arrangements additional to or different from the school’s general arrangements. Pupils at risk of anaphylaxis will ordinarily require clear individual arrangements.
Must schools stock emergency adrenaline auto-injectors?
As at 15 September 2026, schools are permitted to purchase and hold spare AAIs, but the additional regulations that could make stocking them a specific statutory requirement have not yet been brought into force. However, current statutory guidance states that the Department for Education expects all schools to stock spare AAIs in the appropriate dosages. Any decision not to stock them should therefore be carefully risk-assessed, documented and justified.
How often must the allergy safety policy be reviewed?
The policy must be reviewed at least annually and updated where necessary. It should also be reviewed sooner following a serious incident, near miss, significant change or new guidance.
Where can schools find official guidance?
Start with the Department for Education’s allergy safety in schools guidance, Section 34 of the Children’s Wellbeing and Schools Act 2026 and the Commencement No. 3 Regulations. Always check the latest versions before making compliance decisions.
How accuSafe can support your school
Allergy safety sits within a wider system of governance, risk assessment, first aid, training and pupil wellbeing. At accuSafe, we support school leaders with practical guidance that moves beyond paperwork and helps you demonstrate that arrangements work in practice.
Our support can include:
- School health and safety reviews
- Review of school allergy-safety risks and management arrangements
- Policy and governance reviews
- First aid and school staff allergy training
- Emergency response planning
- Governance and process support for Individual Healthcare Plans, working alongside parents and relevant healthcare professionals
- Competent person support
- Review of evidence, records and corrective actions
If you would value a clear, independent view of your school’s readiness, we are here to provide practical support and guidance without unnecessary complexity. Visit accuSafe or explore our guidance on moving beyond box-ticking to leadership-level health and safety governance.
