If your child’s school knew about their nut allergy and they still had a reaction, a parent can often claim for them.
25% if court proceedings are issued.
A judge checks our fee on every child’s claim. It can only go down.
Carter and Carter Solicitors has two senior solicitors, Chris Carter and David Healey, and one of them runs every claim personally.
“…The other part rejected all the claims but we got a deal at the end, thanks to the Carter&Carter Solicitors, and especially to Dave…”
Iliyana Encheva, a claim for her son · 256 five-star Google reviews
You told the school about the allergy, and it still happened. A free call with Chris or David tells you whether we can take your child’s claim on, and what our fee would be. Nothing to sign, nothing to pay.
Prefer us to ring you? Ask us to call you back
The claim is against the school, not the teacher. The school’s insurer, or the scheme that covers it, deals with it, by letter and away from the classroom.
Find your question
Tap a question to go straight to its answer.
Can I claim for my child?
Often, yes. If the school was told about your child’s nut allergy and they still had a reaction there, a parent can often claim for them.
1.1 Can I claim if my child had a nut allergy reaction at school?
Often, yes. If the school was told about the allergy and your child still reacted to nuts there, a parent can often claim for them. A court then approves any settlement.
Show the full answerHide the full answer
We look at school nut allergy claims where a child reacted at school lunch, at break or in a cookery lesson. We also look at school trips and clubs the school runs. What matters is what the school knew about the allergy, and what it did with that information.
Because your child is under 18, a court has to approve any settlement before it is final. That protects your child. It is routine, and we arrange it.
If the reaction happened at a restaurant, a party or a club the school does not run, see our guide to child nut allergy claims.
If you are not sure whether what happened is a claim, ring 0800 652 0586 and Chris or David will tell you.
1.2 Who is the claim against: the teacher, the school or the council?
The school, not the teacher. In practice the school’s insurer, or the scheme that covers it, deals with the claim, by letter and away from the classroom. Teachers and lunchtime staff do not pay anything.
Show the full answerHide the full answer
Who the claim is formally against depends on how the school is run, for example by a council or an academy trust. We work that out, so you don’t need to.
Many parents worry that claiming will make things awkward at school. The claim is handled by letter, between us and the insurer, away from the classroom. If anything at school worries you after you claim, tell us.
Asking whether you can claim is sensible. Whether you go ahead is your decision.
1.3 Do I need a local solicitor for my child’s claim?
No. Carter and Carter Solicitors acts for people across England and Wales, wherever they live, by phone, email and post.
Show the full answerHide the full answer
The one time you may need to go somewhere is the short court hearing that approves the settlement. It is usually at a county court, and the court decides whether your child needs to come too. A barrister we instruct presents it, and we prepare you both beforehand.
If a medical report is needed, we arrange it and tell you first what it involves.
What must the school do?
Schools must plan for a child’s medical needs, usually with a healthcare plan. Since September 2026, schools in England must also have an allergy safety policy.
2.1 What must a school do for a child with a nut allergy?
Schools in England must make arrangements to support pupils with medical conditions, usually with an individual healthcare plan. Since September 2026 they must also have an allergy safety policy.
Show the full answerHide the full answer
| School in England | Must make arrangements to support pupils with medical conditions. The government’s statutory guidance says individual healthcare plans should be used where they are appropriate. (Children and Families Act 2014, section 100) |
|---|---|
| School in England, from 1 September 2026 | Must also have an allergy safety policy, which the guidance expects to be published and kept under review. The statutory guidance, Allergy safety in schools, expects spare adrenaline pens and allergy training for staff. (Children’s Wellbeing and Schools Act 2026, section 34) |
| A reaction before 1 September 2026 | Judged under the earlier rules: section 100 and the guidance on supporting pupils with medical conditions. |
| School in Wales | Follows the Welsh Government’s statutory guidance, Supporting learners with healthcare needs, which also uses individual healthcare plans. |
The duty is in section 100 of the Children and Families Act 2014. It covers maintained schools, academies and pupil referral units. The statutory guidance on supporting pupils with medical conditions explains how plans, training and emergencies should be handled.
An individual healthcare plan usually records the allergy, what to avoid, where the adrenaline pens are kept and what staff should do in an emergency. A plan the school did not follow is strong evidence.
Since 1 September 2026, schools in England must also have an allergy safety policy. That duty was added by section 34 of the Children’s Wellbeing and Schools Act 2026, often called Benedict’s Law.
In Wales, schools follow the Welsh Government’s guidance, Supporting learners with healthcare needs. If your child is at an independent school, different rules apply, so ring us and we will explain.
For more on the new rules, see our guides to Benedict’s Law and adrenaline pens in schools, and to school allergy law.
2.2 How can the school’s allergy policy help my child’s claim?
Since 1 September 2026, state schools, academies and pupil referral units in England must have an allergy safety policy. Set beside your child’s healthcare plan, it shows what the school said it would do.
Show the full answerHide the full answer
That policy is the school’s own written account of what it does to keep children with allergies safe. Read it alongside your child’s healthcare plan. Between them, they usually show what the school knew and what it said it would do.
Ask the school for a copy, or look on its website. Save or print it, and note the date. Policies are reviewed, and the wording can change.
If the reaction happened before 1 September 2026, the school did not have to have this policy yet. The earlier rules apply, and the healthcare plan matters most.
The duty is in section 100A of the Children and Families Act 2014, added by section 34 of the Children’s Wellbeing and Schools Act 2026.
2.3 The school says it didn’t know about the allergy. Can I still claim?
Often, yes. The healthcare plan, the admission form, and emails or messages to staff usually show who was told and when.
Show the full answerHide the full answer
Things that help include the admission or registration form, the healthcare plan, and any emails, texts or app messages to the class teacher or the school office. Schools keep their own copies of these records, and we can ask for them.
If nobody at the school was told, a claim is harder, and we will say so.
If the school says it was never told, ring 0800 652 0586 and we will tell you whether that changes anything.
2.4 What if another child shared nuts, or it happened on a trip or at an after-school club?
It depends on what happened. Whether the school is at fault turns on your child’s age, how closely they needed watching, and what the allergy policy and healthcare plan said.
Show the full answerHide the full answer
If another child shared food with nuts in it, ring us and we’ll talk it through. A lot turns on how old your child is and what the plan said staff should do.
On a trip or at a club the school runs, the school is usually still responsible for your child, and the healthcare plan should go with them. A club run by someone else, even on the school site, may be a claim against that club instead.
If an outside company provides the school meals, the claim may be against that company as well as, or instead of, the school. We work that out.
What is it worth, and what will we keep?
A child’s claim is valued on the same court guidelines as an adult’s. In Carter and Carter Solicitors’ experience, most nut allergy claims settle for £2,500 to £3,500 for the reaction itself, before our fee.
In this example, no more than £300 comes off for our fee. The court must approve our fee, and it can allow less, never more. The worked example is a claim that settles for £3,000 before court proceedings are issued.
3.1 How much is a school nut allergy claim worth?
A child’s claim is valued like an adult’s, on the court guidelines. In Carter and Carter Solicitors’ experience most nut allergy claims settle for £2,500 to £3,500 for the reaction itself, before our fee.
Show the full answerHide the full answer
A reaction that passed quickly can still be a claim. What matters is that the school was told, and it still happened.
What decides the figure is how severe the reaction was and how long the symptoms lasted. Needing an adrenaline pen or hospital treatment usually puts a claim higher. Lasting anxiety about food or school can add to it, where the medical evidence supports it.
The court guidelines (Judicial College Guidelines, 18th edition) give a bracket of £1,200 to £5,220 for food-related illness, where allergic reactions are usually placed. They set the range, not your child’s compensation, and these figures are guides, not promises. The full scale is on our guide to nut allergy claims.
3.2 What is your fee, and what will my child keep?
Our fee is 10% of your child’s compensation, VAT included, if the claim settles before court proceedings are issued. The court must approve it, and it can allow less, never more.
Show the full answerHide the full answer
On £3,000 settled before court proceedings are issued, our fee is £300, if the court approves it, and £2,700 is kept for your child. Before you sign, we explain in writing what happens to any part of the fee the court does not allow.
For our fee, an application that only asks the court to approve an agreed settlement does not count as issuing court proceedings. Court proceedings are issued when we have to start the claim at court. That happens when the school’s insurer denies the school was at fault, or will not offer enough. That is when our fee becomes 25%. It is not the same as a hearing, and most issued claims still settle without one.
Why 10% is possible: Most of our claims settle before court proceedings are issued, so there is less work to pay for. And with just two of us running the firm, our overheads are low. So we do not need to take 25%. For our fee, the short hearing that approves a child’s settlement does not count as court proceedings.
3.3 Is there a catch with no win no fee?
Nothing to pay if your child’s claim fails, apart from two rare exceptions set out in the agreement. The only thing Carter and Carter Solicitors takes from the compensation is its fee, and the court approves it. One court rule applies whoever you use. If a formal offer is turned down and the court later awards no more, the other side’s later costs can come out of the compensation.
Show the full answerHide the full answer
Nothing to pay if your child’s claim fails. Under our agreement there are only two exceptions, and here they are:
- 1You turn down an offer we advised you in writing to accept, and the court then awards no more than it. Whether to accept an offer is always your decision. We explain the risk, and what it could cost, in writing first.
- 2A court finds the claim was dishonest about something central to it.
Neither exception has ever happened to one of our clients since 2007.
One court rule worth knowing, even when you win. If you turn down a formal offer (lawyers call it a Part 36 offer) and the court later awards no more, the other side’s costs from then on can come out of the compensation. That rule applies whichever solicitor you use, and we always tell you if it becomes a real risk.
Apart from the cases above, nothing else comes out of your child’s compensation. Insurance for the other side’s costs (after the event insurance): not with us. It is your choice, and for most claims we do not recommend it.
Every possible deduction is explained on our no win no fee hidden costs page.
3.4 What happens to my child’s compensation?
Usually the court orders it to be invested for your child until they turn 18, often in the Court Funds Office. For a smaller sum, the court may let it be held another way, such as a savings account for your child.
Show the full answerHide the full answer
The money earns interest while it is held, and your child can ask for it once they turn 18. As litigation friend, you keep the Court Funds Office’s contact details for your child up to date. The government’s guide to managing a child’s fund explains the paperwork.
You can ask the court to release some of it earlier for something that benefits your child, such as therapy after the reaction. The court decides, and it needs to see that the money is for your child.
How it works, time limits and evidence
In Carter and Carter Solicitors’ experience, most children’s claims take about 8 to 12 months, sometimes longer. Most of that is the wait for a court date for the approval hearing.
4.1 How long does it take, and does my child have to go to court?
In Carter and Carter Solicitors’ experience most children’s claims take about 8 to 12 months, sometimes longer, mainly the wait for a court date. That date is for one short approval hearing, not a trial.
Show the full answerHide the full answer
Your part: tell us what happened, send any messages, photos or letters you have, and decide on any offer once we have advised you.
Our part: we ask for the medical records and the school’s records, write to the school and its insurer, value the claim and negotiate. Once a settlement is agreed, we apply to the court to approve it, and the court gives a date for a short hearing, sometimes called an infant approval hearing.
At the hearing, a barrister we instruct presents the agreed settlement, and the judge checks it is fair to your child. The court decides whether your child needs to come, and some hearings are by video. There is no cross-examination. We tell you what to expect, and what to bring, before the day.
If the judge thinks a settlement is too low, they can refuse to approve it, and the claim carries on. If the school’s insurer denies the claim, we may issue court proceedings, our fee is then 25%, and the claim takes longer.
4.2 How long do I have to claim for my child?
Usually until your child’s 21st birthday. For a child, the three-year time limit only starts when they turn 18, and a parent can claim at any time before then.
Show the full answerHide the full answer
The rule is in section 28 of the Limitation Act 1980, which treats anyone under 18 as unable to bring their own claim. If nobody claims for them, your child can claim themselves from 18 until their 21st birthday.
Waiting rarely helps. Staff move on, CCTV is recorded over and records get harder to find. We don’t usually take on a new claim close to the deadline, so ring early. Why we don’t take claims close to the time limit.
4.3 What evidence helps, and what should I ask the school for now?
Your child’s healthcare plan, the admission form, the school’s allergy policy, and emails or messages to staff. Ask the school now for a copy of any incident report.
Show the full answerHide the full answer
- 1Get medical help first. The A&E or GP record is key evidence.
- 2Write it down the same day: what your child ate, who served it, who at school knew about the allergy and who saw the reaction.
- 3Keep emails, texts and app messages to staff, and your copy of the healthcare plan and admission form.
- 4Save a copy of the school’s allergy policy from its website, with the date.
- 5Ask the school for a copy of any incident report, and keep receipts for prescriptions, a replacement adrenaline pen and travel.
Later in the claim, we can ask the school for its own records, such as staff training records and notes made on the day. Our evidence guide for nut allergy claims goes into more detail.
If you are not sure what to ask the school for, ring 0800 652 0586 before you write to them.
Why parents choose Carter and Carter Solicitors
Example: on £3,000 settled before court proceedings are issued, our fee is £300, if the court approves it, and £2,700 is kept for your child.
See for yourself: our fee, explained
You speak to Chris or David, the two solicitors who run every claim.
See for yourself: Chris and David, and the SRA register
We have acted for people up and down England and Wales since 2007. Everything is done by phone, email and post.
See for yourself: what our clients say
We know these claims, and the answers schools and their insurers usually give.
See for yourself: our nut allergy claims guide
That is why your child’s claim gets a senior solicitor, and a fee of 10% if it settles before court proceedings are issued.
A free call is not a sales call.
See for yourself: what our clients say
A parent can claim for a child without a solicitor. A child’s settlement still needs the court’s approval, though, and that means a court application. If the reaction was mild and the school accepts it was at fault, doing it yourself is possible. The cost is your time, and the insurer knows what claims are worth when you may not. A free call tells you which route makes sense, and we will say so if you do not need us.
What happens when you call
A free, friendly conversation. Nothing to sign, nothing to pay.
Managing Solicitor, qualified 1993
Senior Solicitor, qualified 2005
- 1You speak to Chris or David, not a call centre.
- 2We ask what happened: what your child ate, who at school knew about the allergy and what the healthcare plan said.
- 3Have any messages, the healthcare plan and the medical letter to hand if you can. You don’t need any documents to ring.
- 4We tell you honestly where you stand, including if we think you should not claim. We tell you whether we can take the claim on, and what our fee would be.
- 5No obligation. If you go ahead, there is a short questionnaire, and one of us deals with the claim from there. If we cannot help, we say so.
Five quick checks: claims we can look at
You told the school about your child’s allergy. It is fair to ask whether you can claim.
Chris Carter and David Healey, the two senior solicitors who run every claim.
If the school knew about your child’s nut allergy and they still had a reaction, a parent can often claim for them. Whether you claim is your decision. The call just tells you where you stand.
Prefer us to call you?
Leave your name and number and one of us will call you back. No medical details are needed to start.
Chris Carter: 01663 761891 · David Healey: 01663 761892 · Email: chris@candcsolicitors.co.uk or dhealey@candcsolicitors.co.uk
You’re in Safe Hands. That’s Our Promise.
Carter & Carter Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 449466). Registered in England and Wales, company number 06002212.
About Carter and Carter Solicitors
Chris Carter, Managing Solicitor, qualified as a solicitor in 1993 and has only ever done personal injury work. Carter and Carter Solicitors was founded in 2007. Chris runs food allergy, accident at work, public place and needlestick claims across England and Wales, including claims a parent brings for a child.
Carter & Carter Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 449466).