Benedict's Law: a checklist for schools.
Exactly what is law and what is guidance, in plain English.
"Benedict's Law" is the common name for the new allergy safety duty for schools in England. It is named after Benedict Blythe, who was five when he died in 2021 after an allergic reaction at school.
What the law requires
Section 34 of the Children's Wellbeing and Schools Act 2026 applies from 1 September 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
- Publish it on the school website
What the statutory guidance expects
The DfE published "Allergy safety in schools" on 6 July 2026. It is statutory guidance, so schools must have regard to it. It expects schools to:
- Keep spare adrenaline devices
- Train all staff every year
- Name a senior leader for allergy safety
- Keep Individual Healthcare Plans
- Record incidents and near misses
These are guidance expectations today, not legal duties in themselves. The government has the power to turn them into legal duties by regulations; none have been made yet.
Who it applies to
- Maintained schools
- Academies and free schools
- Alternative provision academies
- Pupil referral units
The law does not cover independent schools yet. The DfE guidance is still good practice for every school.
Inspection
Ofsted's inspection toolkit from September 2026 checks that schools have a dedicated allergy safety policy.
Your checklist
| Item | Status |
|---|---|
| We have an allergy safety policy | Law |
| We review it at least every year, and record the review | Law |
| We bring it to the attention of all staff, parents and pupils every year | Law |
| It is published on our website | Law |
| We keep spare adrenaline devices | Guidance |
| All staff are trained every year | Guidance |
| A named senior leader is responsible for allergy safety | Guidance |
| Pupils who need one have an Individual Healthcare Plan | Guidance |
| We record incidents and near misses, and learn from them | Guidance |