Benedict’s Law: What Nurseries Need to Know

Safeguarding is a fundamental part of running a nursery, but expectations around keeping children safe continue to evolve. One development attracting attention across the education and childcare sector is Benedict’s Law, introduced following the tragic death of 5 year old Benedict Blythe.

While the law does not currently apply to nurseries in the same way it applies to schools and colleges, its introduction could have implications for the wider early years sector as safeguarding  and wellbeing expectations continue to develop.

So, what is Benedict’s Law, who does it affect, and what could it mean for nurseries? Here’s what early years providers need to know.

What Is Benedict’s Law?

Benedict’s Law introduced new allergy safety requirements for schools in England, introduced through the Children’s Wellbeing and Schools Act 2026. The changes came into effect from September 2026, and aim to create a more consistent approach to protecting children with allergies in education settings.

The law is named after Benedict Blythe, a five year old boy who tragically passed away at school in 2021, after he had an anaphylactic reaction to cow’s milk. Following campaigning by his family and the wider allergy community, the Government introduced a new statutory guidance setting out clear requirements and expectations for allergy safety in schools.

Under the new DfE guidance, schools should:

• Have an established allergy safety policy in place
• Provide allergy awareness and emergency response training for all staff
• Keep spare adrenaline auto-injectors (AAIs or EpiPens) on site
• Have appropriate individual healthcare plans for pupils with allergies
• Keep records and learn from allergy incidents at school
• Support children with allergies to participate fully in school life.

Who Does Benedict’s Law Affect?

Benedict’s Law currently applies to schools in England, with the new statutory allergy safety requirements coming into force on 1 September 2026. Schools are required to have an allergy safety policy, review it at least annually and make it available to staff, pupils and parents.

The requirements cover schools across different types of provision, including maintained schools, academies and pupil referral units. The legislation also gives the Government powers to introduce further requirements around areas such as allergy training, identifying and managing risks, access to medicines and medical devices, and recording and reporting allergy incidents.

What About Nurseries?

This is where things become a little more complicated.

Benedict’s Law does not currently place the same statutory allergy safety requirements on all nurseries and early years providers. Early years settings continue to operate under the requirements of the Early Years Foundation Stage (EYFS), which sets the standards providers must meet to keep children safe and healthy.

However, some early years provision operates within schools. For example, maintained nursery schools and school-based nurseries provision sit within the wider education system, meaning it is important for settings to understand which legal and regulatory requirements apply to them.

For PVI nurseries and other early years providers, the key point is that the current requirements should not be confused with the potential future direction of allergy safety regulation. With the Government already strengthening requirements across both schools and early years, allergy safety is an area that nursery leaders should keep on their radar.

What Should Nurseries Do?

Although Benedict’s Law does not currently create the same statutory requirements for all nurseries as it does for schools, it is still relevant to early years settings.

The Department for Education’s Allergy Safety in Schools guidance specifically states that it may be useful for early years settings. This gives nurseries a helpful framework for reviewing how they identify, manage and respond to allergies, even where the guidance is not currently a statutory requirement.

For nurseries, this could include looking at:

• Allergy policies: Is there a clear process for identifying and managing children with allergies?
• Staff training: Do staff know how to recognise the signs of an allergic reaction and what to do in an emergency?
• Individual healthcare plans: Are children’s individual needs clearly recorded and understood by the staff caring for them?
• Emergency medication: Are prescribed medicines, including adrenaline auto-injectors where required, stored safely and accessible when needed?
• Communication: Are allergy-related needs clearly communicated between parents, staff, caterers and other relevant people?
• Incident management: Are allergic reactions and near misses recorded, reviewed and used to improve practice?

The Future of Benedict’s Law

Benedict’s Law is now in place for schools, but the approach to allergy safety is likely to continue developing.

The Government has already indicated that it intends to introduce equivalent allergy safety requirements for independent schools and non-maintained special schools. The Department for Education’s current statutory guidance also states that it may be useful for early years settings, suggesting that the principles behind Benedict’s Law are relevant beyond the schools currently covered by the legislation.

However, there is currently no confirmed date or legislation extending Benedict’s Law to all nurseries. For now, early years providers should continue to follow the requirements of the EYFS and their existing responsibilities around managing children’s allergies and medical needs.

That could change in the future. As allergy safety becomes a more established part of policy across education, nursery leaders should keep an eye on updates from the Department for Education and review their own procedures regularly.

Benedict’s Law FAQs

What should a nursery allergy policy include?

A nursery allergy policy should clearly set out how the setting identifies and manages children with allergies, including how information is shared with staff, how risks are reduced, what to do in an emergency and how incidents are recorded and reviewed.

What should nursery staff do if a child has an allergic reaction?

Staff should follow the child’s individual healthcare plan and the nursery’s emergency procedures. If a child is experiencing a severe allergic reaction, staff should administer their prescribed adrenaline auto-injector where appropriate and call 999 for emergency medical assistance.

Should nurseries have spare adrenaline auto-injectors?

Nurseries should consider whether they need access to spare adrenaline auto-injectors as part of their emergency arrangements. Where spare AAIs are held, the setting should have clear procedures covering storage, accessibility, consent, staff training and their use in an emergency.

How can nurseries reduce the risk of allergic reactions?

Nurseries can reduce risks by keeping accurate allergy records, communicating clearly with parents and staff, checking food and ingredient information carefully, preventing cross-contamination and making sure staff understand each child’s individual allergy management plan.

How often should a nursery review its allergy procedures?

Allergy procedures should be reviewed regularly and whenever there is a significant change, such as a child with a new allergy joining the setting, an allergic reaction or near miss, changes to guidance or legislation, or changes to the nursery’s policies and practices.