Benedict’s Law: What Schools and Staff Must Now Do on Allergy Safety

By National Compliance Training · Published 21 October 2026

Since 1 September 2026, every local authority-maintained school, academy and pupil referral unit in England has had to keep an allergy safety policy, review it at least once a year, publish it on the school website and have regard to the Department for Education’s statutory guidance, Allergy safety in schools. The change is known as Benedict’s Law. The guidance also sets out what the DfE expects of schools now: spare adrenaline auto-injectors on site, allergy awareness training for all staff at least once a year, a named senior leader in charge and Individual Healthcare Plans for the pupils who need them. Everyone who works with pupils must be able to recognise anaphylaxis and know how to treat it.

This guide covers what changed, what every member of staff needs to know and do, and what leaders should check this term. Our online course, Benedict’s Law: Allergy Safety in Schools, covers the same ground in more depth.

Why it is called Benedict’s Law

Benedict Blythe was five years old and had a cow’s milk allergy. In December 2021 he died after an allergic reaction at school. The inquest jury found that delay in giving adrenaline, and an allergy plan that had not reached the staff caring for him, probably contributed to his death. His family campaigned for every school to have an allergy policy, trained staff and spare adrenaline. The new duties carry his name.

What the law now requires

Section 34 of the Children’s Wellbeing and Schools Act 2026 inserts a new section 100A into the Children and Families Act 2014. It came fully into force on 1 September 2026. Under it, a school must:

• have an allergy safety policy;
• review it at least once every year;
• publicise it in writing, including on the school website, and bring it to the attention of pupils, parents and staff at least once a year;
• have regard to the DfE statutory guidance Allergy safety in schools, published in July 2026.

The duties apply to local authority-maintained schools (including special schools, but not maintained nursery schools), academies and free schools (including alternative provision academies, but not 16 to 19 academies) and pupil referral units.

“Have regard to” does not make the guidance optional. A school must consider it carefully, and any departure from it needs a clear or justifiable reason.

Expected now, with regulations to follow

The Act also allows allergy safety regulations, which the government intends to use to make several expectations statutory. None had been made by 21 October 2026, but the guidance says these are expected now:

• Spare adrenaline devices. Since 2017, the Human Medicines Regulations 2012, as amended, have allowed schools to buy adrenaline auto-injectors from a pharmacy without a prescription, on a request signed by the head teacher. The guidance says the DfE expects all schools to stock them. Only auto-injectors can be held as spares. Nasal adrenaline sprays cannot.
• Allergy awareness training for all staff, at least annually. This covers everyone present when pupils are on site, including temporary and supply staff, regular volunteers, catering staff and club staff. First aid training is not sufficient.
• A named senior leader responsible for the policy. The guidance says this should not be left with a catering manager.
• Individual Healthcare Plans for any pupil whose allergy requires the school to put arrangements in place.

Independent schools, early years and colleges

For independent schools and non-maintained special schools, equivalent requirements are to follow through their own standards. For early years settings and further education colleges, the guidance is good practice only. They cannot buy spare adrenaline devices, because the 2017 rules apply to schools alone.

What every member of staff needs to know

Around one in five children and young people with allergy have their first reaction at school, college or an early years setting, and up to 20% of anaphylaxis reactions in schools happen in children with no previous diagnosis. Knowing which pupils are on the allergy list is not enough.

Recognising anaphylaxis

Anaphylaxis affects the Airway, Breathing or Circulation:

• Airway: swelling of the throat or tongue, a tight throat, a hoarse voice, difficulty swallowing.
• Breathing: sudden wheeze, difficult or noisy breathing, a persistent cough.
• Circulation: dizziness, feeling faint, sudden sleepiness or confusion, pale and clammy skin, loss of consciousness.

Food reactions usually start within 30 minutes and often begin with milder signs such as hives, an itchy mouth or vomiting. Anaphylaxis can also happen without any rash. A pupil with a known food allergy who suddenly has difficulty breathing should be treated for anaphylaxis, and a reliever inhaler must never be given instead of adrenaline.

The emergency response

1. Lie them down with their legs raised. If they are struggling to breathe, let them sit. Never stand them up or walk them anywhere. Help and medicines come to the pupil.
2. Give adrenaline without delay. Use the pupil’s own device, or the school’s spare if theirs is not to hand. Do not wait to call 999 first.
3. Dial 999 and say “anaphylaxis”.
4. Give a second dose after 5 minutes, using a second device, if there is no improvement.

Stay with them, keep them lying down even if they seem to recover, and contact their parent. If in doubt, give adrenaline. Delay is associated with deaths, and adrenaline given in these circumstances is very safe. The guidance reassures staff that anyone who acts reasonably and in good faith is protected, and that mistakes, hesitation or imperfect technique do not amount to serious and wilful misconduct.

Prevention in the classroom and dining hall

• Do not let pupils share food, and get parents’ permission in advance for treats.
• Watch for allergens in craft materials such as play dough, some glues, bird feed and old food packaging.
• Do not seat pupils with food allergy at a separate table. The guidance prefers an “allergy aware” approach to a “nut-free” policy, which can give a false sense of security.
• Know how to check the school’s allergy record, and never send an unwell pupil to the office alone.

A checklist for school leaders

• Policy. It is in place, has been reviewed within the last year, is on the website and has been brought to the attention of pupils, parents and staff this year. Review it sooner after any incident or near miss.
• Leadership. A named senior leader, not the catering manager, is responsible, and allergy risks are on the risk register.
• Spare devices. Auto-injectors are held in pairs at the right dose (150 micrograms for children under 6, 300 micrograms for those over 6), clearly labelled, unlocked, at room temperature and no more than five minutes away. Recorded monthly checks are good practice.
• Training. Everyone on site with pupils has been trained in the last 12 months, and new and cover staff are briefed at induction.
• Individual Healthcare Plans. Each plan is written with the pupil and parents, has the Allergy Action Plan attached and is reviewed at least annually and after any incident, near miss or change. Arrangements for new pupils are in place by the start of term, or within two weeks for mid-term joiners.
• Incidents and drills. Incidents and near misses are recorded, reported to the allergy lead and parents, and reviewed without blame. Emergency drills are practised like fire drills.

The final module of the Benedict’s Law course is written for the allergy lead and senior leaders and works through each of these areas.

Frequently asked questions

Is Benedict’s Law in force?

Yes. Section 100A of the Children and Families Act 2014 has been fully in force since 1 September 2026.

Is it a legal requirement to hold spare adrenaline devices?

Not yet as a statutory duty in its own right. The government plans to make it one through regulations, and none had been made by 21 October 2026. The guidance already says the DfE expects all schools to stock spares, and schools must have regard to it.

Do we need parental consent before using a spare device?

No. The guidance says a spare can be used in an emergency without prior consent, so that treatment is not delayed. Asking parents in advance is still good practice.

This article was published in October 2026 by National Compliance Training. Regulations change, so always check the latest guidance from GOV.UK for the current position. This article does not constitute legal advice.