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Benedict's Law: a checklist for schools.

Exactly what is law and what is guidance, in plain English.

Last reviewed 6 October 2026Not legal or medical advice

"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.

In one sentence: the law now requires an allergy safety policy. DfE statutory guidance expects spare adrenaline devices, staff training, healthcare plans and incident records, and the government plans to make these legal duties.

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

ItemStatus
We have an allergy safety policyLaw
We review it at least every year, and record the reviewLaw
We bring it to the attention of all staff, parents and pupils every yearLaw
It is published on our websiteLaw
We keep spare adrenaline devicesGuidance
All staff are trained every yearGuidance
A named senior leader is responsible for allergy safetyGuidance
Pupils who need one have an Individual Healthcare PlanGuidance
We record incidents and near misses, and learn from themGuidance

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