Allergy safety in schools: speed read on what schools need to know about the new DfE guidance

The DfE has published separate guidance on allergy safety in schools (the Guidance).

Schools may recall that the DfE previously included allergy safety as part of the consultation "Supporting Children and Young People with Medical Conditions and Allergy.”

We set out details of the proposed changes covering both supporting children and young people with medical conditions and allergies in our article which can be found here.

The Medical Conditions part of the guidance remains under review, but separate guidance on allergy safety together with a template policy and Individual Healthcare Plan can be found here.

Under section 100A of the Children and Families Act 2014, governing bodies of maintained schools, proprietors of academies and management committees of PRUs must have an allergy safety policy.

Independent schools are not yet required by law to have such a policy, but the Guidance makes it clear that "the government intends to introduce additional allergy safety requirements through Regulations and will place equivalent requirements on independent schools and non-maintained special schools through the relevant regulatory standards."

Key changes at a glance

A published dedicated allergy safety policy which:

Specifically includes the management of pupils at risk of anaphylaxis;
Has regard to the Guidance;
Is reviewed at least annually;

What this means for different settings

The Guidance has been produced with the idea of whole school allergy safety in mind with a view to identifying, managing and minimising risks of exposure to allergens for the whole school community, including pupils, staff and visitors.

It is rooted in allergy safety management, which is wider than simply responding to allergy and anaphylaxis incidents and requires schools to embed allergy safety within culture and to promote the wellbeing and inclusion of children and young people with allergies.

Maintained schools, academies and PRUs

These settings are most directly affected, because the guidance is statutory.

Schools must:

Have in place an allergy safety policy, including for the management of pupils at risk of anaphylaxis
Review the allergy safety policy on an annual basis.
Publicise the policy and publish it on the school's website.
Have regard to the Guidance.

The Guidance sets out a clear table of what it expects to be included in the policy at page 23 and 24 which includes:

Awareness and emergency response training.
Minimising the risks of exposure to known allergens.
Identifying those with allergies.
Managing the risk of allergies.
Documenting support in Individual Healthcare Plans.
Access to prescribed adrenaline and spare adrenaline devices.
Information sharing.
Responding to serious incidents and near misses.
Promoting the wellbeing and inclusion of children and young people with allergies, including on visits and trips.

Independent schools and non-maintained special schools

For these settings, the guidance is currently non-statutory, but it is clear that equivalent legal requirements will be placed on independent and non-maintained special schools in the near future and so it would be prudent for schools to prepare now for the changes as set out in the Guidance.

Early years settings, FE colleges and other post 16-institutions

The Guidance is advisory only for these settings.

For advice on supporting pupils with medical conditions and allergies or implementing compliant policies and procedures, please contact Natalie Wargent in our Regulatory Risk and Resolution Team.