‘Benedict’s Law’ is actually an amendment to the Children’s Wellbeing and Schools Bill, also known as the Schools (Allergy Safety) Bill, which received royal assent (i.e. it’s been passed into law) on 29^th April 2026.  Alongside this there will be Statutory Guidance, which lays out exactly what schools and other childcare settings have to do to meet the new requirements.  At the moment, ‘Supporting Children and Young People with Medical Conditions and Allergy’ Statutory Guidance is in draft form and applies ONLY to maintained schools and academies in England; it is still out for consultation (until 15^th May), is expected to be published in its final format in July and will be enforced from September 2026.  The information below is based (necessarily) on the draft guidance but with the caveat that it is still exactly that – draft – and could change.

Please note that the guidance, whilst heavily focused on allergies, is actually much broader and applies to other medical conditions, too.

WHAT MUST MY SETTING DO TO COMPLY WITH BENEDICT’S LAW?

Select the most appropriate section below to see what you have to do to comply:

EARLY YEARS CHILDCARE PROVIDERS
POST 16 INSTITUTIONS & FE COLLEGES
INDEPENDENT SCHOOLS
NON-SCHOOL ALTERNATIVE PROVISION

This guidance does NOT currently apply to you but may assist ‘in fulfilling your wider statutory duties’ (p.6).  Many are expecting the guidance to eventually apply to EY settings in particular, but this has not yet been announced.  It’s worth reading through the requirements below, but you are not yet bound by them.  On p.8 it states ‘we therefore recommend that early years settings, post-16 institutions and independent schools should have policies for supporting children and young people with medical conditions and allergy safety to assist them in complying with these statutory duties’ (references are to various Acts and Statutory Guidance named at the top of p.8, not this particular Statutory Guidance).

NB One of the requirements is to hold spare adrenaline auto-injectors (often known as ‘Epipens’ although this is a brand name).  At the moment, and in line with this guidance, the only organisations who can purchase spare devices are schools and maintained nurseries, through a very specific process.  If you are an EY setting and wish to comply with the guidance on a voluntary basis that is great – but you will not yet be able to purchase space injectors.

WRAPAROUND CARE PROVIDERS

Page 22-23 – the guidance ‘includes staff or volunteers responsible for before-school provision, free breakfast clubs and afterschool clubs, whether delivered directly or through third-party providers operating on or in the vicinity of the school site’. 

SCHOOLS (Primary, Middle and Secondary)

Bullet point requirements are below, but as ever, there is much more information behind the scenes.  Download our briefing document for slightly more detail and page references to the draft guidance.

NB – this guidance applies to EVERY SCHOOL whether there are any pupils with known allergies or not.

Schools must have (from September 2026):

·        Medical Conditions Policy (NB – DfE will produce a template policy for this)

·        Allergy Safety Policy (NB – DfE will produce a template policy for this)

·        Designated named governor with responsibility for medical conditions & allergies

·        Designated named SLT member with responsibility for medical conditions & allergies

·        Individual Healthcare Plan for each child with a medical condition (DfE will produce a standard template)

·        Spare adrenaline auto-injectors must be available to be administered within 5 mins of any point on the school site (requirements for spare devices below)

·        Clear arrangements for identifying pupils, staff and visitors with medical conditions who may require support

·        Individual medical conditions and allergies on the school risk register, actively managed by the governing body

·        ANNUAL training for ALL staff covering the 11 bullet points listed on p.74 & reproduced below

·        A system for recording incidents and near misses

·        Empowered any and all staff to provide emergency medical assistance including administering adrenaline

·        Measures in place to reduce the risks of exposure to known food allergens as much as possible

TRAINING REQUIREMENTS

Isn’t it already covered on first aid courses??

Anaphylaxis training on a standard Paediatric First Aid or First Aid at Work course WILL NOT automatically cover the training requirements.  You can find the full requirements on p.74 & replicated at the bottom of this blog.

I have seen numerous facebook posts and communications saying that a particular trainer covers anaphylaxis on “every course I run” or “it’s already included in the course content” – but it isn’t.  These trainers have NOT read through the full guidance and appreciated the breadth of coverage required under the 11 bullet points on p.74, which is much more than knowing the potential symptoms of anaphylaxis and how to administer an auto-injector. 

I’ve carefully researched, watched update webinars from anaphylaxis charities, and internally digested every word of the statutory guidance to make sure I’m delivering what is required under this new guidance.  I’ve delivered it several times to school staff – it takes around an hour and is not a quick ‘bolt-on’ to any other course. 

Winterbury Training will deliver the full content of the Allergy Awareness Training on all Paediatric First Aid and First Aid at Work courses where there are early years or school staff in attendance – by carefully building this into the programme to ensure we meet all the requirements of both the qualifications and the statutory guidance.  Please be wary of other providers saying they are covering it on their courses – don’t accept their word for it without checking that they are covering all of the 11 bullet points as you’ll leave yourself open to liability if you haven’t done due diligence to ensure the training meets the requirements. 

First aid training is usually every three years though – and this requires ALL staff trained ANNUALLY therefore we also deliver the course as a standalone option taking around 1hr.

Is it important?

Of course it is.  No-one wants preventable fatalities and this guidance is strong and useful in directing the training required.  Empowering staff to take action is critical and needs to be heavily underpinned with good training and knowledge about how individuals and schools are protected against the actions they take when helping pupils with medical conditions.  They need to know that they could step up and use an auto-injector in an emergency, and that it’s OK to do so. 

Does the training need to be face to face?

Part of the confidence-building is having a play with training devices – not something that can be done through e-learning.  I firmly believe that there is absolutely no substitute for being trained face to face – being able to discuss a school’s specific situation, talk about where spare devices are held and the procedures specific to your school, being able to ask questions, clarify information and air concerns.  None of that can happen with an e-learning programme so whilst it is not specifically stated in the guidance that it has to be face to face, the benefits are many and incomparable to e-learning in my opinion.

ALL staff need to be trained…

Getting all staff together in one place at one time is nigh-on impossible – so to help with this, any schools who we deliver whole staff training to (or as ‘whole’ as you can make it!) will be able to access a virtual, recorded webinar covering the same content to mop up any missing colleagues!  We’re not offering this as the ONLY option to any schools due to our strong belief that the training should be delivered face to face to as many people as possible.

E-learning has its place, but in a high-stress, potentially life or death situation, you want to know the confidence and knowledge of your team are strong enough to make good decisions, and that comes from good, confidence-building face to face training.

What the training must include (p.74) – “it should ensure all staff:

1.        Have an awareness of allergy, the risks it poses, how allergic reactions can occur and how to manage it;

2.        Understand that allergy include multiple conditions (food allergy, asthma, eczema, hay fever, others) which can co-exist

3.        Understand and can identify the main food allergens, and understand the difference between food allergy, intolerance and coeliac disease

4.        Can identify the range of symptoms of allergic reactions

5.        Understand and can recognise anaphylaxis

6.        Know how to respond in an emergency, including calling emergency services and how to locate and administer adrenaline in a case of anaphylaxis or an asthma reliever inhaler during an asthma attack.  This should include training on how to use the adrenaline devices prescribed to children and young people at the school, college or setting and/or the “spare” adrenaline devices which are stocked

7.        Understand the impact which allergy can have on a child or young person’s wellbeing

8.        Understand the school, college or setting’s allergy safety policy

9.        Know how to check whether an individual is on the record of those with known allergies and how to use an Allergy or Asthma Action Plan

10.   Understand their responsibilities in reducing the risk of individuals with known allergy coming into contact with their known allergens

11.   Understand how to report an allergic reaction or case of anaphylaxis (whether an incident or a “near miss”)”

NB – bullet points 8, 9 and 11 will need input from the school.  We are currently still waiting for template policies, so 8 will take place nearer September, once approved by governing bodies.  9 and 11 are school specific procedures.

Minimum Spare Devices (Adrenaline Auto-Injectors or AAIs):

State-funded nursery schools – 2 x 150mcg AAIs
Primary schools – 2 x 150mcg AND 2 x 300mcg AAIs
Secondary schools – 2 to 4 x 300mcg AAIs
Special schools – 2 x 150mcg AND 2 x 300mcg AAIs

If your school or setting would like help or support with Benedict’s Law and the requirements it places on your organisation, do get in touch. 

Because compliance matters.  But confidence matters more.