Benedict’s Law: New Allergy Safety Measures to Protect Children in Schools

The tragic death of five-year-old Benedict Blythe, following a severe allergic reaction at school has led to significant changes in how schools across England will manage allergies and respond to emergencies.

An investigation into Benedict’s death identified several critical failures, despite the school being aware of his allergy. His care plan was not known or understood by staff, basic first aid knowledge was lacking, school allergy policies were not followed, and staff were unprepared to respond to a life-threatening allergic reaction.

Determined to prevent other families from experiencing the same tragedy, Benedict’s parents campaigned for stronger legal protections. Their efforts have resulted in what is now known as Benedict’s Law.

What is Benedict's Law?

Benedict’s Law aims to improve allergy safety in educational settings by ensuring schools are better prepared to prevent and manage allergic reactions.

The law applies to:

  • All mainstream schools
  • Independent schools
  • Maintained nurseries attached to schools

It does not currently apply to:

  • Private, Voluntary and Independent (PVI) nurseries
  • Non-statutory childcare settings, such as after-school clubs and wraparound care

Although these settings are outside the scope of the legislation, adopting the same standards is considered best practice.

Key Requirements

Allergy Safety Policy

The Department for Education is developing a model Allergy Safety Policy, which will be made available before the summer holidays.

Each school will be required to:

  • Adopt an Allergy Safety Policy.
  • Have the policy approved and signed by the governing body.
  • Make the policy accessible to all staff and parents.

Annual Training for All Staff

Every member of school staff will receive annual allergy awareness. This training will help staff:

  • Recognise the signs and symptoms of an allergic reaction.
  • Respond quickly and appropriately during an emergency.
  • Administer emergency medication confidently.

Inclusive Education

Children with allergies should be able to participate fully in school life without being excluded or singled out.

Schools will be expected to adapt activities and reduce allergen risks where appropriate, including:

  • Curriculum planning
  • School celebrations
  • Educational visits and school trips

All activities should be supported by appropriate risk assessments.

Emergency Response

Rapid treatment is essential during anaphylaxis. Under Benedict’s Law, schools will be expected to:

  • Ensure staff receive appropriate first aid and allergy emergency training.
  • Have spare adrenaline auto-injectors (AAIs) available for emergency use. Key difference in legislation is that children do not need to be diagnosed with an existing allergy.
  • Be able to access an adrenaline auto-injector within five minutes for any child experiencing anaphylaxis.
  • Have clear emergency procedures in place.

Allergy Action Plans and Healthcare Plans

The legislation distinguishes between two types of allergy management plans.

Allergy Action Plans are medical documents for children at risk of life-threatening IgE-mediated allergic reactions (anaphylaxis). These plans provide clear emergency instructions, including when and how to administer adrenaline.

Individual Healthcare Plans (IHPs) are intended for children with non-IgE allergies. While these allergies are not typically life-threatening, they can still significantly affect a child’s health and wellbeing and require appropriate management in school.

Both plans must be developed collaboratively with parents to ensure each child’s needs are fully understood and supported.

The Department for Education is also releasing new national templates to help schools create consistent, high-quality allergy management plans.

A Lasting Legacy

Benedict’s Law represents an important step forward in protecting children with allergies. By introducing mandatory policies, annual staff training, improved emergency preparedness, inclusive practices and clearer healthcare planning, the legislation aims to ensure schools are equipped to respond quickly and effectively when every second counts.