Benedict's Law
July 2026 marked a significant milestone for allergy safety in schools with the publication of the DfE’s new statutory guidance: Allergy Safety in Schools. This brings into effect the changes commonly known as Benedict's Law, named after Benedict Blythe, who tragically died at school following an anaphylactic reaction to cow’s milk.
From September 2026 the statutory guidance expects schools to have arrangements in place covering the following areas:
- A dedicated allergy safety policy under a named senior lead
- Individual Healthcare Plans (IHCPs) for pupils with allergies who require them
- Allergy awareness training for all staff, also on emergency response and safe handling of adrenaline auto-injectors (AAIs) (commonly known as EpiPens)
- Spare AAIs on school premises for use in an emergency
- Accurate recording of serious allergy incidents/near misses
- Improved inclusion for children and young people with allergies.
The new guidance also highlights clean air – which has been named for the first time as part of a school's basic duty of care - as being a core control measure for asthma. The statutory guidance identifies good ventilation, air quality monitoring and, where appropriate, supplemental HEPA filtration as important control measures for managing asthma. Schools must have regard to the guidance when determining the measures needed in their circumstances. Finally, schools should review any attendance reward schemes to ensure that pupils with allergies and other medical conditions are not placed at a disadvantage.
Free resources on becoming compliant with the new statutory guidance are available from the Natasha Allergy Research Foundation (NARF) via their Allergy School.
Members and reps should check that management has introduced the new guidance with effect from September 2026. In order to assist with this, we’ve set out some FAQs below which cover some of the common questions that have arisen on this topic.
Does Benedict's Law apply to my school?
Benedict's Law applies to all local authority-maintained schools, academies, free schools, and special educational settings in England, with equivalent regulations planned for independent schools.
In Wales, local authorities, governing bodies and maintained schools are subject to statutory duties under the 'Supporting Learners with Healthcare Needs' guidance. This provides a comprehensive framework for the safe management and administration of medicines in schools, including arrangements to support children and young people with medical conditions such as allergies.
The Welsh Government is currently reviewing the existing statutory guidance, alongside relevant supplementary guidance, including guidance on the use of emergency adrenaline auto-injectors in schools in Wales. As part of this review, developments in other parts of the UK, including the approach being taken in England through Benedict’s Law, will be taken into consideration to inform future policy direction in Wales.
In Northern Ireland, the main framework is the Department of Education's Supporting Pupils with Medication Needs, originally published in 2008. The NI Education Minister confirmed in March 2026 that the Department is considering whether to strengthen the existing arrangements, including potentially introducing mandatory whole-school allergy policies and mandatory staff training. Currently, however, there is no mandatory allergy specific policy, no specific requirement for an allergy lead, no requirement for staff training nor a requirement to purchase spare AAIs.
Who is responsible for administering adrenaline in an emergency situation?
All staff should receive allergy awareness training, with appropriate training in emergency response and the use of AAIs, commonly known as EpiPen.
Can I refuse to administer an AAI?
In an emergency, school staff owe a duty of care to pupils and should take reasonable steps to protect them from foreseeable harm. What is reasonable will depend on the circumstances, including the training received, the school's policies, and the nature of the emergency. Staff who should all have received appropriate training should follow the school's emergency procedures, including administering an AAI (or EpiPen) where required. In such emergencies, staff should do what is obviously necessary and appropriate to relieve extreme distress or prevent further and otherwise irreparable harm. Qualified medical treatment should be secured in emergencies at the earliest opportunity by calling emergency services.
Am I liable if a child comes to harm if I administer an AAI or other medication incorrectly?
Apart from the obvious distress to a staff member who makes an error, all those who agree to administer medicines take on a legal responsibility to do so correctly. There is consequently always the risk that the staff member might be named in a legal claim for negligence. Generally, however, any staff member acting in accordance with agreed procedures would be regarded as acting in the interests of the employer and, since the employer would also be the subject of the action, the staff member would therefore be effectively indemnified against personal liability by the rules of ‘vicarious liability’.
What about the anaphylaxis training? How will it be organised – will everyone have to undertake the training?
Schools should ensure that all staff receive the level of training required by the statutory guidance and their role within the school. The Natasha Allergy Research Foundation (NARF) provides free, online, fully accredited and medically approved allergy and anaphylaxis training for education staff. If your school has not offered you training, you should raise this with your union rep.
According to the statutory guidance, if a child has an allergic reaction, s/he must be given antihistamines if required, and accompanied/monitored for one hour in the first aid room. Who is going to do this?
This is likely to fall to a member of support staff. However, the NEU is concerned that much of this work will be delegated to support staff at a time when workload for support staff is already high. Teachers’ conditions of service do not include any legal or contractual obligation to administer medicine or to supervise a pupil taking medicine. While teachers have a professional duty to safeguard the health and safety of pupils and a general legal duty of care towards pupils, this does not imply a duty upon teachers personally to undertake the administration of medicines. Teachers and support staff who do volunteer to administer medicines should not agree to do so without first receiving appropriate information and training.
Who is going to draft, review and update the individual healthcare plans for pupils with allergies who require them?
The school's named senior allergy lead would normally be expected to oversee these arrangements, although schools may allocate specific responsibilities to other staff as part of their local procedures. The day-to-day aspects of this are likely to rest with support staff, particularly members of administrative staff. Support staff members should check their contracts and job descriptions to make sure they are not taking on tasks they are not contracted to carry out, and should seek advice from their NEU rep or the NEU AdviceLine if they are concerned about job creep and workload. Appropriate time should be allocated to staff who carry out tasks associated with drafting, reviewing and updating individual healthcare plans.
Who is responsible for the location of ‘spare’ AAIs and making sure they are in date?
The NEU believes that this should not fall to support staff and should instead be the explicit responsibility of the named senior allergy policy lead on the SLT. Schools can purchase 'spare' AAIs by completing this template letter and taking it to their local pharmacy.
Who is responsible for the school’s Allergy Safety Policy?
The statutory guidance envisages a named senior lead with oversight of allergy safety arrangements, including policy implementation and review. This policy is mandatory and should be reviewed annually by the school's governing body and in consultation with the trade unions.
How is the school going to ‘minimise the risk of known allergens’?
Training for staff and good communication with staff, pupils, and families are all crucial to ensure that exposure to allergens is minimised on school premises.
The responsibility for meeting legislative requirements such as health and safety, safeguarding, equality etc., and for the provision, quality and standard of school meals rests with the school governing body or trustees, regardless of whether catering services are delivered in-house or are outsourced. Schools must ensure that staff involved in preparing and serving food receive appropriate training and understand the school's allergy procedures.
If schools are outsourcing catering, they should ensure that expertise in managing allergens, including providing clear labelling of ingredients, is a factor that is taken into account when selecting a new catering provider and the school should check that all staff receive training
Where pupils bring in their own packed lunch or snacks, the school will need to clearly and regularly communicate with parents/carers about the contents of lunchboxes. There should be clear rules which are communicated clearly to children about not sharing food with others. Schools will also need to consider policies relating to children bringing cakes and other food items for birthdays or end of term parties.
Who will identify children with allergies, and how?
Mostly this will be a case of parents/carers identifying their children to the school. Schools should ask about allergies when registering new pupils, when gathering information about medical conditions. However, in some cases children might have their first allergic/anaphylactic reaction at school. It is important for all members of staff to be vigilant for any unusual symptoms amongst children such as difficulty breathing, coughing, vomiting or lying on the floor etc., which could all be signs of an allergic reaction. For students who may be non-verbal or communicate differently, risk assessments relating to how this might be recognised should be undertaken in conjunction with families.
Who is responsible for making sure that children with allergies can be included in trips and visits?
This is the responsibility of the named member of SLT for allergy safety, although the day-to-day administration of such matters will rest with those staff responsible for organising each particular visit, including the Educational Visits Co-ordinator (EVC).
Who is going to make sure that ‘good ventilation, air quality monitoring and supplemental HEPA air filtration’ are all in place as control measures for asthma?
These are matters highlighted within the statutory guidance, which schools are expected to consider carefully and address through their allergy and asthma management arrangements and also through their legal duty to maintain good indoor air quality. See Ventilation in schools and colleges | National Education Union. NEU reps and members should press management to take action on these issues without delay.
What about school attendance policies now that pupils will no longer be penalised for absences relating to an allergy or medical condition?
Schools should ensure that attendance policies do not disadvantage pupils whose absences are related to allergies, asthma or other medical conditions. NEU reps and members should ensure that SLT have amended attendance policies to reflect the relevant provisions of the new statutory guidance.