As you know, this term brought the change the sector has been working towards since 2021. The measures widely known as Benedict's Law — named for Benedict Blythe, who was five when he died after an allergic reaction at his school in December 2021 — came into force on 1 September.
Most schools have been getting ready for months: the training booked, the spare pens on order, the policy written and published. If something is still outstanding, nothing here is a scolding — it's just the facts, and they're simpler than some of the noise around them.
The detail turns on two lists.
List 1 — law, live now.
The allergy safety policy: a dedicated document, reviewed every year, made known to pupils, parents and staff, and published on the school website. Inspectors will consider the policy and how well it is implemented as part of the inspection process [2]. The DfE provides a template to get schools started.
List 2 — expected now, with further legal duties coming.
Spare adrenaline pens and annual allergy-awareness training. The guidance says schools are permitted to stock spare adrenaline devices "and should do so" [3], while the Government has said further regulations will make both spare devices and staff training specific statutory duties. Those further regulations had not been made at the time of writing [4].
So if your kits are still in the pipeline, headlines describing spare pens and training as standalone statutory requirements from 1 September are running ahead of the legislation. They are already clear expectations within statutory guidance, but the DfE says the specific duties will follow through further regulations
None of this is a reason to wait. Up to 20% of anaphylaxis reactions in schools happen in children with no known allergy [5], and a first reaction doesn't check the legislation register. If it's done — good. If not, get it moving at the next opportunity.
If anything is still outstanding across your sites, here's the order that makes sense:
Policy drafted and published — this is the element inspectors are explicitly told to consider [2]. The DfE provides a template.
Spare pens ordered — schools have been permitted to buy them without a prescription since 2017 [7]. The guidance recommends storing devices in pairs and ensuring the correct dosage is available for pupils.
Check the storage environment — the guidance expects kits to be accessible at all times in a safe, central location, not locked away, stored in pairs, at room temperature and out of direct sunlight [6]. Crucially for estates teams, this is a rooms-and-access job.
Walk the five-minute route — can staff get from the farthest temporary classroom, sports area or other teaching space to the kit within five minutes?
Training arranged — the guidance says staff should receive allergy-awareness training at least annually, covering all staff present when pupils are scheduled to be on site.
Individual Healthcare Plans checked — make sure arrangements remain current for children whose allergies require specific support.
Most schools will read that list and tick much of it off already. That's the point. Where there are gaps, they're practical ones to close. When the further regulations do arrive, schools that use September to get these arrangements in place will already be well prepared.
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