Statutory Guidance Section
Benedict’s Law September 2026
Benedict’s Law is the legislation that has led directly to the 2026 statutory guidance on allergies in schools. Benedict’s Law will come into force in September 2026 It was introduced following the death of Benedict Blythe, a 5-year-old boy who suffered a fatal allergic reaction at school in 2021
Benedict's Law - Benedict Blythe Foundation
From September 2026, schools in England are expected to follow statutory allergy guidance that includes measures such as:
- A dedicated school allergy policy.
- Allergy awareness and emergency-response training for staff.
- Individual care plans for pupils with serious allergies.
- Availability of emergency adrenaline auto-injectors (such as EpiPens).
The aim is to improve allergy management, reduce risks, and ensure rapid responses to anaphylaxis in schools
The biggest change under Benedict's Law is that schools are moving from simply supporting pupils with allergies under general medical conditions procedures to having a specific, published, reviewed Allergy Safety Policy supported by regular staff training, robust emergency planning, Individual Health Plans (IHP) and incident learning processes.
Starting Well Service Allery Safe Awareness Training
Individual Healthcare Plan - (IHP)
Individual Healthcare Plans (IHPs) are the key document used by schools to set out how they will support a specific child or young person with an allergy while they are in education. They are designed to ensure the child is safe, included and able to participate fully in school life.
An IHP is not a clinical document and does not replace medical advice. Instead, it records the practical arrangements the school will put in place based on information from:
- The child or young person
- Parents/carers
- Healthcare professionals
- Allergy Action Plans or Asthma Action Plans
- Prescribed medication requirements
A child or young person should have an IHP if:
- Their allergy has a functional impact in school.
- They are at risk of harm because of their allergy.
- They require support or adjustments beyond those routinely available to all pupils.
Examples include pupils with:
- Food allergies.
- Risk of anaphylaxis.
- Severe eczema requiring adjustments.
- Allergies that require medication or specialist arrangements in school
The guidance states that an IHP should include:
- The child's details and emergency contacts.
- Known allergies and allergens.
- Information on prescribed medication.
- Any Allergy Action Plan or Asthma Action Plan.
- How allergy risks will be managed in school.
- Emergency response procedures.
- Arrangements for meals, activities, school trips and visits.
- Impact on learning, attendance and wellbeing.
- Review dates and responsibilities.
IHPs serve several important functions:
1. Keeping children safe
They ensure staff know:
- What allergens to avoid.
- What symptoms to look for.
- What action to take in an emergency.
- Where medication is stored and how to access it quickly.
2. Supporting inclusion
They help ensure children with allergies can:
• Attend school regularly.
• Access school meals safely.
• Participate in trips, visits and extracurricular activities.
• Take part alongside their peers without unnecessary restrictions.
3. Providing clarity for staff and families
The IHP gives everyone a shared understanding of:
- What support is required.
- Who is responsible for providing it.
- How concerns or emergencies will be managed.
4. Supporting emergency response
The IHP links directly to any Allergy Action Plan and provides staff with clear guidance about recognising and responding to allergic reactions and anaphylaxis.
Review and Updating
IHPs should be reviewed:
- At least annually.
- Whenever there is a change in the child's condition, medication or medical advice.
- After any serious allergy incident or near miss
In Summary
An Individual Healthcare Plan is the school's personalised plan for managing a pupil's allergy. It translates medical advice into practical arrangements, helping to keep the child safe, support their wellbeing and ensure they can fully participate in education and school life.
Under the new statutory guidance, school nursing teams are not given responsibility for writing or owning Individual Healthcare Plans (IHPs), It is the responsibility of the school to write the IHP but the Starting Well 0-19 Service is available to support where required.
To download a copy of the AlleryWise Individual Healthcare Plan template and to view an example IHP please use the link below.
