School allergy safety policy

Short answer: since 1 September 2026, maintained schools, academies and pupil referral units in England must have an allergy safety policy, review it at least once a year and publish it on the school website. DfE’s statutory guidance says what it should cover, and expects every school to stock spare adrenaline pens.

Updated 2 November 2026 from the Children’s Wellbeing and Schools Act 2026 and DfE guidance. For England. A guide, not legal advice or medical advice.

What the law says

Section 34 of the Children’s Wellbeing and Schools Act 2026 adds a new duty to the Children and Families Act 2014. The governing body, academy trust or proprietor must:

The government intends further regulations to make spare adrenaline devices, staff training andrecording near misses legal duties, and to extend the policy requirement to independent schools and non-maintained special schools.

What the policy should cover

DfE’s guidance and template expect these areas:

  1. How you identify pupils (and staff and visitors) with allergy, and record their allergens and medication
  2. How you minimise the risk of exposure, including food allergy and food provided on site
  3. Allergy awareness training for all staff, at least once a year, plus induction, supply and cover staff
  4. How pupils at risk of anaphylaxis can get to their own adrenaline devices at all times
  5. Your “spare” adrenaline auto-injectors: where they are, how they’re stored and checked, and replaced
  6. Trips and visits, including risk assessments and trained staff
  7. Individual Healthcare Plans and Allergy Action Plans
  8. How you record and learn from serious incidents and near misses
  9. Wellbeing and inclusion, and what practice isn’t acceptable
  10. Your named senior lead, and how the policy is communicated, published and reviewed

DfE publishes a template allergy safety policy and an Individual Healthcare Plan template. Responsibility shouldn’t sit with the catering manager: a named member of the senior leadership team should lead.

Spare adrenaline pens

Nurseries and childminders

The new duty is for schools. Early years settings follow the EYFS, which says you must get information about food allergies before a child starts, develop allergy action plans with parents, share them with staff, and make sure all staff know the symptoms and treatment of allergies and anaphylaxis (group framework 3.65 to 3.66). DfE says its school guidance may still be useful for you.

On your school website

See every other item a school must publish: what a school website must include.

Questions

Do schools have to have an allergy policy?

Yes. Since 1 September 2026, local authority-maintained schools, academies and pupil referral units in England must have an allergy safety policy, under section 34 of the Children’s Wellbeing and Schools Act 2026. The government intends to extend the requirement to independent schools and non-maintained special schools through their regulatory standards.

Does the allergy policy have to be on the school website?

Yes. The law says the school must publicise the policy by making it known to parents and staff, bringing it to everyone’s attention at least once a year, and publishing it on the school’s website.

How often must an allergy safety policy be reviewed?

At least once every year, with any changes the governing body considers appropriate.

What is Benedict’s Law?

The name campaigners use for the new school allergy safety rules, after Benedict Blythe, a five-year-old who died after an allergic reaction at school. It covers allergy safety policies, staff training and spare adrenaline pens.

Must schools stock spare adrenaline pens?

DfE’s guidance says it expects all schools to stock spare adrenaline auto-injectors of the correct dosage, usually two pairs, within five minutes of anywhere they might be needed. The government intends to make this a legal duty through regulations.

Does this apply to nurseries?

Not as law. The duty is for schools, though DfE says the guidance may be useful for early years settings. Nurseries and childminders follow the EYFS instead, which requires allergy information before a child starts, allergy action plans, and staff who know the symptoms and treatment of anaphylaxis. Early years settings can’t stock spare adrenaline pens the way schools can.

Sources

More guides: all our guides for nurseries, childminders and schools.

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