Benedict's Law 2026: new school allergy safety rules in England
Key Takeways
Law: Benedict's Law, Section 34 of the Children's Wellbeing and Schools Act 2026, amending Section 100 of the Children and Families Act 2014.
In force from: The start of the 2026/27 academic year (September 2026).
Applies to: Local-authority-maintained schools, pupil referral units, academies and free schools in England (with some exclusions); independent schools are expected to follow equivalent requirements in future.
Core requirement: Covered schools must have, publish and keep under review a dedicated allergy safety policy, in line with Department for Education statutory guidance.
Key actions: Appoint a named senior allergy-safety lead, provide regular staff training, create Individual Healthcare Plans where needed, ensure access to adrenaline devices, and record and review incidents.
What Benedict's Law means for schools in England
From September 2026, schools across England will need to follow strengthened legal requirements and new statutory guidance designed to protect pupils with allergies.
Commonly known as Benedict’s Law, the changes follow the death of five-year-old Benedict Blythe from an allergic reaction at school and the campaign led by his family to improve allergy safety. The new measures establish clearer expectations for preventing exposure to allergens, preparing for emergencies and supporting pupils with allergies throughout the school day.
School leaders, governors, teachers, catering teams and other staff should now make sure that the appropriate policies, training and practical arrangements are in place before the start of the autumn term.
This practical guide explains which schools are covered, what the new guidance means, and the steps schools can take to prepare.
Please note: This guidance applies to schools in England. Schools in Scotland, Wales and Northern Ireland operate under separate legislation.
What is Benedict’s Law?
Benedict’s Law* is the commonly used name for new allergy-safety protections introduced following the death of five-year-old Benedict Blythe, who lost his life after experiencing an allergic reaction at school.
It requires covered schools to have, publish and keep under review of a dedicated allergy safety policy, and with Department for Education’s statutory guidance on supporting pupils with allergies.
The guidance is intended to create a more consistent, whole-school approach to allergy safety, including risk reduction, staff awareness, individual support, and emergency response.
*This relates to Section 34 of the Children’s Wellbeing and Schools Act 2026 amended section 100 of the Children and Families Act 2014.
When does Benedict's Law come into force for schools?
The new requirements apply from the beginning of the 2026/27 academic year.
From September, schools must have, publish and keep under review a dedicated allergy safety policy. They must also refer to the Department for Education’s statutory guidance when putting their allergy-safety arrangements in place.
Ofsted’s inspection guidance from September 2026 includes schools’ arrangements for supporting pupils with medical conditions and their allergy safety policies. Schools should therefore be ready to demonstrate how their policy is understood, implemented and monitored in practice - not simply that a document has been published on the school website.
Which schools in England must comply with Benedict's Law?
The statutory guidance applies to:
local-authority-maintained schools, including maintained special schools, but excluding maintained nursery schools
pupil referral units
academies and free schools, including alternative provision academies, but excluding 16-to-19 academies
The requirements do not currently have the same statutory status for independent schools, independent special schools or non-maintained special schools. However, the Government intends to introduce equivalent allergy-safety requirements through the regulatory standards that apply to these schools.
Early years settings, further education colleges and other post-16 providers may also use the guidance to inform their allergy-safety arrangements, alongside the statutory requirements that already apply to their settings.
What do schools need to do before September 2026?
Covered schools must have, publish and keep under review a dedicated allergy safety policy, and should refer to the Department for Education’s statutory guidance.
The school’s allergy-safety arrangements should include:
appointing a named senior leader to oversee allergy safety and implementation of the policy
reviewing the allergy safety policy at least annually and following serious incidents or near misses where appropriate
providing regular allergy-awareness and emergency-response training for staff
identifying pupils whose allergies require additional or different support
creating Individual Healthcare Plans for pupils who meet the relevant criteria
ensuring pupils have rapid access to prescribed adrenaline devices
putting arrangements in place to stock, store, check and use spare adrenaline devices
recording, reporting and learning from serious allergy-related incidents and near misses
managing allergy risks during meals, lessons, school trips, clubs and other activities
supporting the wellbeing and inclusion of pupils with allergies, including preventing allergy-related bullying
Which pupils need an Individual Healthcare Plan (IHP)?
Not every pupil with an allergy will necessarily require an Individual Healthcare Plan.
An IHP should be created where a pupil:
has an allergy that has a functional impact on them at school
is at risk of harm because of their allergy
requires arrangements that are additional to or different from the school’s general allergy-safety measures
The plan should explain the pupil’s individual needs, the support that must be provided, what should happen in an emergency and who is responsible for each action.
Where a healthcare professional has provided an Allergy Action Plan or Asthma Action Plan, it should be attached to the pupil’s IHP.
Who is responsible for allergy safety under Benedict's Law?
Allergy safety requires a whole-school approach. Staff must understand the school’s policy, know how to recognise the signs of an allergic reaction or anaphylaxis and know how to respond in an emergency.
The guidance says that all staff present while pupils are scheduled to be on site should receive regular allergy-awareness training. This includes teachers, catering teams, lunchtime supervisors, temporary and supply staff, agency workers and regular volunteers.
Overall accountability rests with the governing body of a maintained school, the academy trust or proprietor of an academy, or the management committee of a pupil referral unit.
A named member of the senior leadership team should oversee allergy safety, lead the implementation and review of the policy, and make sure responsibilities are understood across the school.
Catering teams play an essential operational role, but the Department for Education guidance is clear that overall responsibility for allergy safety should not be left with the catering manager.
What do the new allergy-safety rules mean for school catering teams?
School catering teams have a central role in reducing the risk of pupils being exposed to known food allergens.
Schools should work closely with their catering providers to make sure that:
accurate allergen information is available for the food provided
pupils with food allergies can be identified safely and consistently at mealtimes
catering staff understand the needs recorded in pupils’ Individual Healthcare Plans
food preparation, storage and serving procedures minimise the risk of allergen cross-contact
ingredients and labels are checked carefully
menu or product substitutions are communicated and reassessed for allergen risk
parents and carers can discuss the provision of suitable meals with catering staff
allergen information is clear and accessible to pupils and their families
allergen errors, incorrect meals and near misses are reported and reviewed
School leaders must remain actively involved and understand the controls being used by their catering provider. Allergy safety should not be treated solely as a kitchen or catering responsibility.
Schools should also avoid relying on broad claims such as being ‘nut-free’. The Department for Education recommends an allergy-aware approach, supported by effective risk management and emergency arrangements, because many different substances can cause serious allergic reactions.
How can schools prepare for Benedict's Law: a practical checklist
School leaders should begin by reviewing their existing medical-conditions, food-allergy and emergency-response arrangements.
A practical preparation plan should include:
appointing a senior allergy-safety lead
creating or updating the school’s dedicated allergy safety policy
identifying every pupil with a known allergy and checking whether an IHP or Allergy Action Plan is needed
reviewing staff training and induction arrangements
checking access to prescribed and spare adrenaline devices
reviewing catering, food-service and allergen-information procedures
checking arrangements for breakfast clubs, after-school clubs, trips and special events
putting a clear process in place for reporting incidents and near misses
communicating the policy to staff, pupils and parents
testing the arrangements through an allergy-safety drill
The policy should be treated as a working process rather than a one-off document. Schools should review it at least annually and whenever an incident or near miss identifies a potential weakness.
Where can schools find allergy-safety guidance and support?
The Department for Education has published statutory guidance, an allergy safety policy template and an Individual Healthcare Plan template to help schools prepare.
Avendra has also brought together useful guidance, templates and free resources in our allergy-safety toolkit.
How can Avendra support your school?
Avendra can help schools and catering teams review the practical implications of the new guidance across food procurement, supplier information, catering operations and allergen management.
Depending on the services available to your organisation, support may include:
access to food-allergen awareness training and resources
support with supplier and product allergen information
reviewing processes for menu and product changes
strengthening communication between school leaders, catering teams and suppliers
digital allergen-management support through Piranha (Pi)
Anna-Maria Holt RD is a Registered Dietitian with over 20 years' experience across the NHS, education and food service sectors.
Alongside her NHS role, she works as a freelance dietitian, specialising in allergen management, school food standards and catering. She delivers practical allergen awareness training and supports schools and catering teams to create safe, compliant food provision.
Anna-Maria has contributed to national best practice guidance and previously served as Secretary of the British Dietetic Association's Food Service Dietitians Specialist Group, reflecting her commitment to improving food service standards.
Benedict's Law is the commonly used name for new allergy-safety protections for schools in England, introduced following the death of five-year-old Benedict Blythe after an allergic reaction at school. It requires covered schools to have, publish and keep under review a dedicated allergy safety policy, in line with the Department for Education's statutory guidance.
When does Benedict's Law come into force for schools in England?
The new requirements apply from the start of the 2026/27 academic year, meaning covered schools must have their allergy safety policy published and their arrangements in place from September 2026.
Which schools must comply with the Benedict's Law statutory guidance?
The statutory guidance applies to local-authority-maintained schools (including maintained special schools, but excluding maintained nursery schools), pupil referral units, and academies and free schools (excluding 16-to-19 academies). Independent and non-maintained special schools are not yet covered by the same statutory status, though equivalent requirements are expected through their regulatory standards.
Does every pupil with an allergy need an Individual Healthcare Plan?
Not necessarily. An Individual Healthcare Plan should be created where a pupil's allergy has a functional impact on them at school, puts them at risk of harm, or requires support that is additional to or different from the school's general allergy-safety measures.
How can Avendra's Pi system help schools manage allergen information under Benedict's Law?
Avendra International's Pi eProcurement system includes Piranha, a digital allergen-management module that helps schools and catering teams store, share and check supplier and product allergen information. This supports the accurate, consistent allergen information and menu-change review process that Benedict's Law requires from catering teams.
