Benedict’s Law 2026: What Schools, Nurseries and Catering Teams Need to Know
From September 2026, new allergy safety requirements strengthen how schools in England support pupils with allergies.
Often referred to as Benedict’s Law, the changes follow the death of five-year-old Benedict Blythe, who died from anaphylaxis at school in 2021. His family established the Benedict Blythe Foundation and campaigned for more consistent allergy safety standards in schools.
The key message is simple: allergy safety is a whole-school responsibility, not just a catering responsibility.
For catering teams, your existing food allergen responsibilities remain in place, but they should work alongside the school’s wider allergy arrangements.
To read more about Benedict's story, and campaign visit: Benedict Blythe Foundation
What is Benedict’s Law?
“Benedict’s Law” is the commonly used name for the new allergy safety measures introduced through section 34 of the Children’s Wellbeing and Schools Act 2026.
From September 2026, maintained schools, academies and pupil referral units in England must have a dedicated allergy safety policy. The policy must be reviewed at least once a year, publicised to pupils, parents and people working at the school, published on the school's website and developed with particular regard to the Department for Education's statutory allergy safety guidance.
The Department for Education’s Allergy safety in schools guidance covers much more than lunchtime. Schools need to consider allergy risks throughout school life, including lessons, food technology, clubs, trips and visits, packed lunches, events and other situations where a pupil could encounter a known allergen.
Importantly, DfE says responsibility for allergy safety should not be left with the catering manager. A named member of the senior leadership team should take responsibility for allergy safety and implementation of the policy. The government intends to make the named senior-leader role a specific statutory requirement through further regulations.
Who does Benedict’s Law apply to?
The new statutory allergy safety requirements currently apply to:
- Local-authority-maintained schools, including special schools
- Academies and free schools
- Pupil referral units and relevant alternative provision academies
Maintained nursery schools are excluded from this particular statutory duty.
The current statutory guidance does not yet apply to independent schools in the same way, although the Government intends to introduce equivalent allergy safety requirements through the regulatory standards that apply to those schools.
Early years settings can also use the new guidance as good practice alongside their existing allergy responsibilities under the Early Years Foundation Stage.
Have a Question or Need a Hand?
What do schools need to do?
Schools should review their existing allergy arrangements and make sure they cover the whole school day, not simply lunchtimes.
Have a whole-school allergy safety policy
Schools within scope must have a dedicated allergy safety policy explaining how allergies are managed, how pupils are supported and what should happen in an emergency.
The policy must be reviewed at least annually, communicated within the school and published on the school’s website.
Make sure staff understand allergy safety
The DfE guidance covers regular allergy awareness and emergency-response training for staff.
Staff should be able to recognise the signs of an allergic reaction and anaphylaxis, understand what action to take and know how to access and use emergency medication.
This is different from the food allergen training catering staff need for preparing and serving food safely.
Keep individual pupil information clear
Schools need reliable ways of identifying pupils with allergies and making sure relevant information reaches the people who need it.
Some pupils will require an Individual Healthcare Plan, particularly where their allergy requires arrangements beyond the school’s normal procedures.
Where food allergies are involved, catering teams need the information necessary to provide suitable meals safely.
Be prepared for emergencies
Schools should have clear procedures for allergic emergencies, including access to adrenaline auto-injectors and staff who know how to respond.
The DfE also expects schools to record and learn from serious allergic incidents and near misses, such as the wrong meal reaching a pupil but being identified before it is eaten.
What does this mean for catering teams?
Benedict’s Law does not replace your existing food allergen responsibilities.
School catering teams should continue to make sure that:
- Ingredient and allergen information is accurate and up to date
- Recipes and allergen matrices, or equivalent records, are kept current
- Changes to recipes, ingredients and suppliers are checked
- Substitute products are checked before being used
- There is a reliable system for identifying pupils with food allergies
- The correct meal reaches the correct pupil
- Appropriate controls are in place to minimise allergen cross-contact
- Catering staff understand the school’s allergen procedures
- Allergic incidents and near misses are recorded and followed up
The DfE guidance recommends using at least two robust methods of identifying pupils with known allergies at mealtimes. The exact approach will depend on the school, but the system needs to give catering staff confidence that they are serving the correct meal to the correct pupil.
Product substitutions are another area to pay particular attention to. Never assume that a replacement product has the same allergen information as the product normally used. If ingredients, brands or suppliers change, allergen information should be checked before the food is served.
What about nurseries?
Standalone nurseries and other early years settings are not covered by the new school-specific statutory requirements in the same way.
However, early years providers already have responsibilities for identifying and managing children's allergies and dietary requirements. The DfE also says the new school allergy guidance may be useful for early years settings.
Using the principles of Benedict’s Law as good practice therefore makes sense even where the specific school legislation does not apply.
How Food Safety Guru can help
Food Safety Guru can help schools and catering teams keep the food safety side of allergy management organised.
This can include:
- Allergen procedures within your HACCP documentation
- Pupil allergy information relevant to catering
- Routine allergen checks
- Staff training records
- Incident and near-miss records
- Corrective and follow-up actions
Your team can also contact us directly for practical food safety support by phone, email or WhatsApp.
Food Safety Guru supports the catering and food safety element of allergy management. Schools remain responsible for their wider allergy safety policy, medical arrangements and emergency procedures.
Further guidance
Schools should use the Department for Education’s Allergy Safety in Schools statutory guidance as the main source for the new requirements.
Catering teams should also continue to follow current DfE and Food Standards Agency guidance on managing food allergens.
Frequently Asked Questions
Benedict’s Law is the name commonly used for new allergy safety protections designed to improve how schools in England support children with allergies.
The measures were developed following the death of five-year-old Benedict Blythe from anaphylaxis at school in 2021. They aim to create a more consistent approach to allergy policies, staff awareness, emergency arrangements and the management of pupils with allergies.
You can read more about the campaign on the Benedict Blythe Foundation website and the official requirements in the Department for Education’s Allergy Safety in Schools guidance.
The new allergy safety framework comes into effect from September 2026 in England.
Schools should use the Department for Education’s statutory allergy safety guidance when reviewing their arrangements.
The statutory guidance currently applies to local-authority-maintained schools, academies, free schools and pupil referral units in England.
Maintained nursery schools are not covered by this particular statutory duty, and independent schools are not currently covered in the same statutory way, although equivalent requirements are expected to be introduced through their regulatory standards.
For the full scope, see the DfE Allergy Safety in Schools guidance.
Yes. The Children’s Wellbeing and Schools Act 2026 introduced legal requirements around allergy safety for schools within scope, including having a dedicated allergy safety policy.
Schools must also have regard to the Department for Education’s statutory guidance. You can read the official Allergy Safety in Schools guidance here.
Standalone nurseries and maintained nursery schools are not covered by the new school-specific requirements in the same way.
However, early years providers already have responsibilities for managing children’s allergies and dietary requirements under the Early Years Foundation Stage. The new school guidance can also provide useful best practice for nurseries.
You can find more information about how Food Safety Guru supports schools and nurseries here.
Benedict’s Law is a whole-school allergy safety framework, not simply a catering requirement.
Catering teams must continue to manage food allergens effectively, including keeping allergen information accurate, checking ingredients and substitutions, reducing cross-contact risks and making sure suitable meals reach the correct pupils.
The school’s catering procedures should work alongside its wider allergy arrangements and pupil information systems.
For practical support, see our allergen management guidance and software or food safety and allergen training.
No. They cover different areas.
Natasha’s Law relates primarily to allergen labelling for food that is prepacked for direct sale.
Benedict’s Law is broader and focuses on how schools manage allergy safety throughout school life, including policies, staff awareness, individual pupil arrangements and emergency response.
Schools may therefore need to consider both.
No. Not every pupil with an allergy automatically needs an Individual Healthcare Plan.
An IHP may be appropriate where a pupil’s allergy requires specific individual arrangements beyond the school’s normal allergy procedures. Schools still need reliable ways of identifying pupils with allergies and making sure relevant information reaches staff who need it.
More detail is available in the Department for Education’s Allergy Safety in Schools guidance.
