Protecting pupils has always been at the heart of school life, and for many schools, managing allergies is already part of everyday practice. However, new requirements being introduced through Benedict’s Law will bring greater consistency to how schools identify, manage and respond to allergy risks.
With the first phase of the changes due to take effect from September 2026, now is the time for schools and trusts to review their arrangements and ensure they are prepared.
What is Benedict’s Law?
Benedict’s Law follows the tragic death of five-year-old Benedict Blythe, who died after experiencing a severe allergic reaction while at school in 2021. Following extensive campaigning by Benedict’s family and allergy charities, the Government has introduced new measures aimed at improving allergy safety in schools.
The legislation and accompanying guidance are designed to ensure schools have the policies, training and emergency procedures needed to recognise and respond effectively to allergic reactions and anaphylaxis.
Why is Benedict’s Law important?
Food allergies affect a growing number of children each year, and for many families, confidence in a school’s ability to manage allergy risks is a key concern.
The new requirements aim to create a more consistent approach across schools by ensuring staff are equipped to respond in an emergency and that robust systems are in place to support pupils with allergies.
For schools, this is not simply about compliance. It is about creating a safer environment where pupils can participate fully in school life while reducing the risk of serious incidents.
What will schools be expected to do?
While detailed requirements continue to emerge, schools should expect to review several key areas of their allergy management arrangements.
These include:
- Having a dedicated whole-school allergy policy
- Stocking spare adrenaline auto-injectors (allergy pens) for emergency use
- Providing allergy awareness training for staff
- Maintaining Individual Healthcare Plans for pupils with allergies
- Improving incident reporting, communication and record keeping
- Reviewing arrangements for trips, clubs, catering and wider school activities where allergy risks may arise.
Many schools already have some of these measures in place. Benedict’s Law aims to ensure a consistent standard across all settings.
What schools does Benedict’s law apply to?
From September 2026, the new statutory allergy safety guidance applies to most state-funded schools in England. This includes:
- Local authority maintained schools (including maintained special schools)
- Academies, including free schools and alternative provision academies
- Pupil Referral Units (PRUs)
The Department for Education has also confirmed that it intends to introduce equivalent allergy safety requirements for independent schools and non-maintained special schools through their own regulatory standards.
While the guidance is not currently statutory for early years settings, further education colleges or other post-16 providers, these organisations may still find it useful when reviewing their own approach to allergy safety and emergency planning.
What should schools be doing now?
The implementation timescales are relatively short, which means schools may benefit from reviewing their current arrangements sooner rather than later.
Good starting points include:
- Reviewing existing policies and procedures
- Identifying pupils with allergies and checking healthcare plans are up to date
- Assessing staff training requirements
- Reviewing incident reporting arrangements
- Checking emergency medication procedures
- Ensuring allergy risks are considered across the whole school environment, not just within catering services
Taking these steps now can help reduce pressure as the new requirements come into effect.
How Benedict’s Law links to existing school health and safety responsibilities
Many aspects of Benedict’s Law align with duties schools already have under existing legislation relating to pupil health and medical conditions. The new requirements build on these responsibilities by introducing clearer expectations around allergy management and emergency preparedness.
For schools and trusts, this provides an opportunity to review existing arrangements and ensure policies, procedures, training and record keeping work together effectively.
| Area | What is changing? | What schools should review |
|---|---|---|
| Allergy policies | Schools will need a clear and consistent approach to managing allergy risks. | Review existing allergy policies and ensure responsibilities and procedures are clearly defined. |
| Pupil information | Schools will need accurate information about pupils with allergies and their individual needs. | Check allergy records and Individual Healthcare Plans are up to date. |
| Staff training | Staff will need to understand allergy risks and how to respond to allergic reactions. | Identify training needs and ensure relevant staff know what action to take in an emergency. |
| Emergency medication | Schools will need robust arrangements for accessing and using emergency medication, including spare adrenaline auto-injectors where appropriate. | Check storage, availability, expiry dates and staff confidence using adrenaline auto-injectors. |
| Emergency procedures | Schools will need clear processes for responding to severe allergic reactions. | Review emergency procedures and ensure staff understand their responsibilities. |
| Whole-school approach | Allergy safety should be considered across the whole school environment, not just catering. | Review risks linked to classrooms, trips, clubs, events and extracurricular activities. |
| Communication and records | Schools will need effective systems for sharing information and recording incidents. | Review communication with parents, pupils and staff, alongside incident reporting processes. |
How Vita Safety Can Help
At Vita Safety, we support schools and trusts with practical health and safety advice, policy development, compliance reviews and training programmes tailored to the education sector.
Whether you need help reviewing your current arrangements, identifying gaps, developing policies or planning for implementation, our experienced consultants can help your school take a proportionate and practical approach.
To help education leaders prepare, we will be hosting a free webinar on Benedict’s Law later this year. The session will provide practical guidance on the new requirements.
If you’d like to stay informed, keep an eye on our communications for webinar announcements and registration details.
