Benedict's Law: your questions answered.

Benedict's Law is the common name for the allergy safety duty for schools in England, in section 34 of the Children's Wellbeing and Schools Act 2026. It is named after Benedict Blythe, who was five when he died in 2021 after an allergic reaction at school, and follows a campaign by his family.

The duty for schools to have an allergy safety policy applies from 1 September 2026. The DfE published its statutory guidance, Allergy safety in schools, on 6 July 2026.

Covered schools must have an allergy safety policy, review it every year, bring it to the attention of all staff, parents and pupils every year, and publish it on the school website. See our Benedict's Law checklist.

The law requires the allergy safety policy. The DfE statutory guidance sets out what schools are expected to do, such as keeping spare adrenaline devices and training all staff. Covered schools must have regard to statutory guidance, which means following it unless there is a good reason not to.

Yes, that is the plan. The Act lets the government make regulations adding duties. The government has said it intends to require a named senior leader, annual staff training, spare adrenaline devices and recording of serious incidents and near misses. Until regulations are made, these are guidance expectations.

Local-authority-maintained schools (including special schools but not maintained nursery schools), academies, free schools, alternative provision academies and pupil referral units in England. Full list.

Not yet. The government intends to introduce equivalent requirements for independent schools and non-maintained special schools through their regulatory standards. The DfE recommends its guidance to them now.

No. Maintained nursery schools, early years settings, 16 to 19 academies and further education colleges are not covered by the duty, though the guidance is recommended for them.

The DfE guidance expects all schools to keep spare adrenaline devices for emergencies. It is not yet a separate legal duty in itself; the government intends to make it one through regulations.

The DfE guidance sets out how many to keep and which strengths, by type of school, and says spares should be kept in pairs. Secondary schools with large sites should consider two pairs. See our spare pens guide and the guidance itself.

Somewhere accessible, not locked away, clearly labelled and known to all staff. The guidance says a device must be able to reach a person having anaphylaxis within five minutes.

Not currently. The guidance says nasal spray devices may be prescribed to individual pupils but cannot currently be stocked as spare devices.

No. Since 2017, schools in England have been able to buy spare adrenaline auto-injectors without a prescription from a pharmaceutical supplier, such as a local pharmacy, with a signed request from the headteacher. Follow the DfE guidance on when a spare can be used.

The guidance says all staff present when pupils are on site should be trained at least every year: permanent and temporary staff, supply teachers, peripatetic staff, agency workers, regular volunteers, catering staff and those running breakfast or after-school clubs.

A named member of the senior leadership team. The guidance says it should not be left with a catering manager.

No. An IHP is needed where the allergy has a functional impact at school, the pupil is at risk of harm and needs arrangements beyond the school's general ones. More on IHPs.

The guidance expects schools to record which pupils have allergies, prescribed adrenaline devices and Individual Healthcare Plans, and to keep photo lists in food areas where only staff can see them.

The guidance expects schools to record serious incidents and near misses, tell parents and the governing body, and learn from them. The government intends to make this a legal duty.

The DfE guidance says nut-free policies are not the most effective approach because they can create a false sense of security. It recommends being allergy aware across all allergens.

No. The guidance says pupils with allergies should be able to eat alongside their peers, with the risks managed, and recommends at least two robust ways of identifying them at mealtimes.

Food prepacked for direct sale, such as sandwiches wrapped in the school kitchen before service, must be labelled with a full ingredients list with the 14 allergens emphasised. Catering guide.

The DfE guidance says inspectors will consider allergy safety policies and how well they are implemented, including when looking at safeguarding.

Yes. The DfE publishes an allergy safety policy template and an Individual Healthcare Plan template with the guidance. Our free policy generator builds a draft based on the DfE structure.

Write or update your allergy safety policy, name your senior lead, check your spare devices and their locations, plan training for all staff, and make sure kitchen staff can recognise pupils with allergies. Our checklist covers each item.