Which schools does Benedict's Law apply to?
Maintained schools, academies, free schools, AP academies and PRUs in England are covered now. Independent schools, nurseries and colleges explained.
Covered now
The DfE statutory guidance "Allergy safety in schools" names who must have regard to it:
| Type of setting | Covered by the duty? |
|---|---|
| Local-authority-maintained schools, including maintained special schools | Yes |
| Academies and free schools | Yes |
| Alternative provision academies | Yes |
| Pupil referral units (PRUs) | Yes |
| Maintained nursery schools | No, but the guidance is recommended |
| 16 to 19 academies | No |
| Independent schools, including independent special schools | Not yet. The government intends to add equivalent requirements through the independent school standards |
| Non-maintained special schools | Not yet. Equivalent requirements are planned |
| Early years settings and further education colleges | No, but the guidance is recommended |
Independent schools
An independent school is not breaking the law today if it has no allergy safety policy under section 34. But the DfE recommends its guidance to independent schools, parents increasingly expect the same standard, and the government has said it intends to place equivalent requirements on independent schools. Many independent schools are adopting the guidance now so they are ready.
Wales, Scotland and Northern Ireland
Benedict's Law is part of education law for England. Schools elsewhere in the UK follow their own national guidance on supporting pupils with medical conditions, and the DfE guidance is still a useful model for good practice.
Multi-academy trusts
For academies, the duty sits with the proprietor, which for a multi-academy trust is the trust. Each school still needs arrangements that fit its own site, pupils and staff. Many trusts write a trust-wide policy with a school-specific section.
Questions schools ask
Does Benedict's Law apply to independent schools?
Not yet. The legal duty covers state-funded schools in England. The DfE recommends its guidance to independent schools and the government intends to introduce equivalent requirements through the independent school standards.
Does Benedict's Law apply to nurseries?
Maintained nursery schools and private nurseries are not covered by the duty. The DfE recommends its guidance to early years settings as good practice.
Does it apply to sixth-form colleges and FE colleges?
Further education colleges and 16 to 19 academies are not covered by the duty. The guidance is recommended for colleges.
Does it apply in Wales or Scotland?
No. It is part of the law for schools in England.
Read next
Official sources
Allergy Ledger helps your school record and follow its own allergy procedures. It does not give medical advice and does not replace staff training, the pupil's Allergy Action Plan or Individual Healthcare Plan, or the advice of a healthcare professional. In an emergency always follow the pupil's plan and call 999. Information on this page is general information, not legal advice.