(32870) Benedict’s Law and Early Years Settings
Benedict’s Law was introduced following the tragic death of five-year-old Benedict Blythe in December 2021. Benedict died from anaphylaxis after accidentally consuming cow’s milk protein while at school.
Benedict had multiple food allergies. Despite this, his family wanted him to enjoy a normal, happy, and inclusive experience, something every child deserves.
Following Benedict’s death, there has been increased national focus on improving allergy awareness, staff training, emergency preparedness, and safety within educational settings.
Benedict’s Law is primarily focused on schools in England and does not directly apply to most early years settings with the exception of maintained nurseries attached to schools. However, the lessons and principles behind it are highly relevant to nurseries, preschools, and childcare providers.
At the heart of Benedict’s Law is an important message:
The severity of an allergic reaction cannot be predicted from previous reactions. Even if a child has only experienced mild symptoms before, they may still be at risk of a severe or life-threatening reaction.
This is particularly important in early years settings, where
- children may not recognise or communicate symptoms clearly,
- allergies may develop for the first time in early childhood, and
- staff are responsible for close supervision around food, play, and daily care routines.
Children with allergies should be able to attend early years settings safely, knowing that adults understand how to reduce risks and respond quickly in an emergency.
This requires a whole-setting approach, including
- ensuring staff have appropriate allergy awareness and emergency response knowledge and skills,
- having clear procedures and care plans in place,
- understanding how to reduce allergen risks during everyday activities, and
- knowing where medication is stored and how to access it quickly.
With the right awareness, planning, and communication, early years settings can help create safe, inclusive environments where children with allergies can learn, play, and thrive confidently.