New Allergy Requirements Set to Hit English Schools in September – EMJ

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Benedict’s Law, formally known as the Medicines (Amendment etc.) (No. 2) Regulations 2024, enables schools in England to keep and administer emergency adrenaline auto-injectors (AAIs) for children who have not been specifically prescribed one. This legislative change, which came into effect on October 1, 2024, allows schools to stock spare emergency devices to treat anaphylaxis in pupils with a known allergy who have a medical authorization for such treatment, or for students who experience a first-time allergic reaction.

What is the purpose of Benedict’s Law?

The regulation is designed to improve the safety of students with severe allergies by ensuring that life-saving medication is immediately available on school premises. According to the Department for Education (DfE), the policy mirrors existing provisions for asthma inhalers. While students with known allergies should still carry their own prescribed AAIs, the presence of a “spare” device provides a critical safety net if a student’s personal device is missing, broken, or if the dose is insufficient during a severe reaction.

How does the policy function in schools?

Schools are not legally mandated to stock these devices, but the government has updated its statutory guidance to encourage the practice. Under the new regulations, schools that choose to hold emergency AAIs must adhere to strict protocols:

  • Staff Training: Staff must be trained to recognize the signs of anaphylaxis and be competent in the administration of an AAI.
  • Storage: Devices must be stored in a secure, accessible location that is not locked away, ensuring quick access during an emergency.
  • Record Keeping: Schools must maintain a register of the emergency devices and document any instances where they are used.
  • Parental Notification: Parents must be informed if their child has been administered an emergency AAI while at school.

Why was this legislation introduced?

The policy is named in memory of Benedict Blythe, a seven-year-old boy who died following a severe allergic reaction at school in 2021. Following his death, his family campaigned for changes to school safety protocols to ensure that no child is left without access to life-saving medication. The Anaphylaxis UK organization has long advocated for this change, noting that rapid administration of adrenaline is the primary treatment for anaphylactic shock and significantly improves survival outcomes.

Key considerations for parents and schools

The implementation of these regulations requires clear communication between home and school. Parents are encouraged to update their child’s individual healthcare plan (IHP) to explicitly state whether the school is authorized to administer the spare, emergency AAI in the event of an allergic reaction.

For school administrators, the DfE guidance emphasizes that these emergency devices do not replace the need for pupils to carry their own prescribed medication. Instead, the spare devices act as an additional layer of protection. Schools are advised to consult with their local healthcare providers to establish a procurement process for obtaining the auto-injectors, as they are prescription-only medicines.

Summary of safety protocols

Requirement Standard
Device Status Emergency spare (not a replacement for personal AAI)
Staff Competency Mandatory training required for administration
Legality Permissive (schools are encouraged, not forced, to stock)
Documentation Must record usage and notify parents immediately

As of late 2024, the rollout of this policy is ongoing across England. Schools are expected to review their existing medical condition policies to incorporate the new guidance on emergency adrenaline use, ensuring all staff are prepared for potential medical emergencies.

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