School Allergy Law 2026: What Schools Must Do Right Now — Not Just From September

Posted on 27 April 2026 in Allergy, Blog

By Chris Carter, Managing Solicitor · April 2026

 

This Friday, 1 May 2026, the government closes a consultation that will reshape how every school in England manages food allergies. The proposals are significant: mandatory EpiPen stocks, annual staff training, published allergy policies, an individual healthcare plan for every child with an allergy. When the final guidance arrives in September, schools will have no room to argue they did not know what was required.

 

But here is what many parents have not been told. A school does not have to wait until September to have a legal duty towards your child. That duty already exists. Under legislation passed in 2014 and reaffirmed by the courts, schools in England are already required by statute to support pupils with medical conditions. Food allergies are included.

 

If your child has had an allergic reaction at school and you have been told there is nothing you can do until the new rules come in, that advice is wrong. This post explains what the law currently requires, what is changing in September, and what your options are if a school has already let your child down.

I thought the new rules hadn’t started yet: does my child already have legal protection at school?

Yes. Three pieces of existing law already protect children with allergies in schools in England. None of them are waiting for September.

 

The law is not waiting for the government’s final guidance. The duty is already there. September 2026 makes that duty more specific and harder to argue against, but it does not switch the duty on for the first time.

So what actually changes in September, and if the law already applies, why does this consultation matter?

The existing law gives schools a duty. The September 2026 guidance specifies exactly how schools must discharge that duty. The difference matters if a school has to defend itself in a claim.

 

The significance for any claim arising between now and September is this: a school that has not implemented the 2015 guidance cannot point to September 2026 as the moment the rules started. The duty existed before. September clarifies it. The distinction matters in litigation.

What should my child’s school already have in place today, before September arrives?

The existing 2015 statutory guidance sets out what schools should already be doing. If a school can demonstrate it has done all of the following, it has a credible argument that it met its duty. If it cannot, a parent has grounds to question whether the duty was ever properly discharged.

 

If you have asked the school about your child’s allergy and received vague reassurances, an undated plan, or no plan at all, the school has not met the standard the existing guidance requires.

 

My child had an allergic reaction at school. Does that automatically mean the school broke the law?

Not automatically. The reaction alone does not establish a breach. What matters is whether the school took reasonable steps to prevent a foreseeable risk, and whether those steps failed.

 

The test courts apply is not perfection. It is reasonableness. A school that had a proper individual healthcare plan, trained its relevant staff, held the prescribed EpiPen in an accessible location, and briefed the canteen team on the allergens in every dish has done what the law requires. If a reaction still occurred despite all of that, a claim faces a harder road.

 

But that standard of care is higher than most schools actually reach. The most common failures in school allergy claims are not dramatic. They are administrative.

 

No written plan. The plan existed but the cover teacher never saw it. The EpiPen was locked in the school office. The canteen had no allergen information to give.

 

These are the failures that find claims. They are the ones most likely to have been happening quietly, long before a reaction ever occurred.

 

How long do I have to make a claim, and would it be worth it?

One of the most important features of child injury claims is the time limit. Under the Limitation Act 1980, a parent can bring a claim on behalf of a child at any time before that child’s 18th birthday. Once the child turns 18, they have three years (until age 21) to start the claim themselves.

 

This means a reaction that happened when your child was eight does not become time-barred before they become an adult. The window is long. Starting earlier is still better: evidence is fresher, the school’s records are easier to obtain, and witnesses remember more.

 

A successful claim in this area can cover general damages for the pain, distress, and psychological impact of the reaction, including any anxiety in the weeks of waiting for test results. It can include special damages: any expenses directly caused by the incident, such as medical costs, travel to hospital appointments, or earnings lost by a parent who had to take time off. Where a reaction was severe and caused lasting effects, those future consequences are also factored into the award.

 

Which allergen caused your child’s reaction at school?

Carter & Carter handles allergy claims across all 14 declared allergens. Select the specific allergen below to read about the legal protections that apply to your child’s situation.