Published 5 March 2026 | Written by Chris Carter, Managing Solicitor | 5 minute read

On the evening of 3 February 2026, the Government made an announcement in the House of Lords that will change how every school in England handles allergy emergencies. From September 2026, spare EpiPens on site, trained staff, and individual plans for every allergic child will not be best practice. They will be mandatory.

This is Benedict’s Law — named for Benedict Blythe, who died from anaphylaxis after consuming milk at school, to which he was known to be allergic. His death, and the tireless campaigning of his mother Helen Blythe alongside allergy charities, has driven one of the most significant changes to school health policy in a generation.

If you have a child with a severe food allergy, this matters. Here is what changes, what it means legally, and what your rights are if your child has already been harmed.

What Benedict’s Law Requires

During the Report Stage of the Children’s Wellbeing and Schools Bill on 3 February 2026, Baroness Smith of Malvern announced the Government’s commitment to mandatory statutory guidance for all schools in England. The guidance is being developed by Minister Bailey and the Department for Education, and is intended to be in force by September 2026.

Every school in England will be required to:

• Hold spare adrenaline auto-injectors (EpiPens) on site
• Ensure trained staff are available who can recognise anaphylaxis and administer emergency medication
• Adopt a whole-school allergy and anaphylaxis policy
• Create an individual healthcare plan for every pupil with a diagnosed allergy

The announcement was welcomed by Allergy UK, Anaphylaxis UK, the Natasha Allergy Research Foundation, and the Benedict Blythe Foundation — the coalition that has campaigned for these changes for years, and whose work also drove Natasha’s Law in 2021.

What This Means Legally

Statutory guidance creates legal obligations. When a school fails a statutory duty and a child is harmed as a result, that failure can form the basis of a compensation claim.

But the legal framework to hold schools accountable already exists. Under Section 100 of the Children and Families Act 2014, schools already have a duty to make arrangements to support pupils with medical conditions, including allergies. The Equality Act 2010 requires schools to make reasonable adjustments for pupils with disabilities and long-term health conditions — a category that includes severe food allergy. Benedict’s Law adds a further, specific layer of obligation on top of duties that are already enforceable today.

The question for any school allergy claim — whether it arises before or after September 2026 — is whether the school met its duty of care. Where it did not, and your child was harmed, that is compensable.

Before and After: What Changes in September

Your Questions Answered

What will schools be legally required to do under Benedict’s Law?

Under Benedict’s Law, all schools in England will be required by mandatory statutory guidance — issued by the Department for Education under the Children’s Wellbeing and Schools Bill — to hold spare adrenaline auto-injectors on site, ensure trained staff are available to administer them, adopt a whole-school allergy policy, and create individual healthcare plans for every pupil with a diagnosed allergy. The guidance is due to come into force in September 2026.

Can I claim compensation if my child had an allergic reaction at school?

Yes. If your child suffered an allergic reaction at school because the school failed to manage their allergy safely — including failing to implement their individual healthcare plan, failing to respond appropriately, or failing to have emergency medication available — you may have grounds for a compensation claim. Schools owe a legal duty of care to every pupil under Section 100 of the Children and Families Act 2014 and the Equality Act 2010. Where that duty is breached and harm results, compensation can cover physical injury, psychological harm, and related losses. For incidents involving a minor, the three-year limitation period runs from your child’s 18th birthday, not the date of the incident.

What to Do If Your Child Has a Severe Allergy

With September 2026 confirmed as the implementation date, there are practical steps to take now — both to protect your child going forward and to preserve your legal options if they have already been harmed.

• Contact your child’s school and request a copy of their current allergy policy
• Ask the school to confirm whether spare adrenaline auto-injectors are held on site and whether staff have been trained to administer them
• Ensure your child has an up-to-date Individual Healthcare Plan agreed with the school — review it every academic year
• Keep copies of all correspondence, medical letters, allergy diagnoses, and any incident reports
• If your child has already suffered a reaction at school due to poor allergy management, seek legal advice promptly — the limitation period means time matters, even for incidents involving children