Supporting pupils with medical conditions and allergies: what schools need to know about the new DfE statutory guidance and consultation

The proposed update reflects increasing awareness of the risks associated with medical conditions and severe allergies in education settings and aims to strengthen consistency and safety across the sector. The consultation is open until 1 May 2026, and the revised guidance is expected to come into force from September 2026.
This article outlines what is changing, which settings are affected, and what schools and other education providers should consider doing now.

Why the guidance is being updated

Children and young people with medical conditions are entitled to access education in the same way as their peers, and schools must have appropriate arrangements in place to support them.

Under section 100 of the Children and Families Act 2014, governing bodies of maintained schools, proprietors of academies and management committees of PRUs must “make arrangements for supporting pupils with medical conditions.”

However, the DfE considers that the current guidance needs to be strengthened to reflect best practice and developments in areas such as allergy management and incident reporting.

The consultation therefore proposes several changes designed to improve clarity, accountability and safety across education settings.

Key proposals in the consultation

A published medical conditions policy in every setting

The consultation proposes requiring every education setting to have a published medical conditions policy.

The policy would need to:

be owned by a named senior leader and governor.
be reviewed at least annually.
set out how the setting supports children and young people with medical conditions.

Settings in scope under section 100 of the Children and Families Act 2014 will already have such policies in place under their existing duties, but the proposal would strengthen governance oversight and transparency.

Stronger expectations for Individual Healthcare Plans (IHPs)

Individual Healthcare Plans are documents prepared and maintained by an education provider which set out the support a specific pupil may require in relation to their medical condition, irrespective of whether there is a formal diagnosis, and the arrangements the setting will put in place to support them.

These plans are typically developed in partnership with parents and may be informed by advice from healthcare professionals, to ensure that the pupil’s needs can be safely managed within the education setting.

Where a pupil's medical condition has little impact while they are at school, or where individualised arrangements are not required, an Individual Healthcare Plan would not be necessary.

The consultation proposes stronger expectations around the use, development and review of these plans, including more consistent approaches across settings.

Under the proposals, Individual Healthcare Plans would include:

details about the pupil and their family.
who needs to be aware of the medical condition and the support required.
a summary of the medical condition, its impact, and the pupil's needs.
the extent to which the pupil can take responsibility for their own health needs.
details of the specific support which will be put in place.
arrangements for maintaining educational progress where absence occurs due to medical conditions.
information about what to do in an emergency, including who to contact.
a copy of any personalised care plan issued by a healthcare professional.
details of any medication which may need to be administered.

The draft guidance states that Individual Healthcare Plans should be reviewed at least annually or where a pupil’s condition or support needs change.

These proposals reflect concerns that practice varies widely, and that clearer guidance is needed on when and how plans should be used.

Clearer incident recording, reporting and learning

Another significant proposal is to introduce clear expectations around recording, reporting and learning from incidents involving pupils with medical conditions.

This would include:

recording any serious incidents or “near misses” involving a pupil, member of staff or visitor with a medical condition or allergy.
providing a copy of the report to the pupil's parent or the individual involved.
reviewing and discussing incidents to improve future risk management.

The aim is to encourage a learning culture so that schools identify patterns or weaknesses in their procedures before serious harm occurs.

A separate allergy safety policy

A major change proposed in the consultation is the introduction of a separate, published allergy safety policy. The policy would be reviewed at least annually and following any serious incident or "near miss" and would be overseen by a named senior leader and governor.

This policy would set out:

how the school identifies pupils and staff with allergy.
how the school minimises the risks of exposure to known allergens.
staff training on allergy awareness and emergency response.
how individuals at risk of anaphylaxis will have access to their prescribed adrenaline devices, and how “spare” adrenaline devices will be stocked, managed and used.
how pupils with allergy will be able to participate in visits and trips.
how Individual Healthcare Plans will capture specific arrangements.
how the wellbeing of children and young people with allergies will be promoted.

This reflects the increasing focus on allergy safety in schools and the serious risks associated with anaphylaxis.

Potential expansion of the legal duty

The consultation also asks whether the existing statutory duty under section 100 of the Children and Families Act 2014 should be expanded, in the longer term, beyond its current scope.

Currently, the duty applies to:

maintained schools
academies
pupil referral units

The government is considering extending it to:

further education colleges and post-16 institutions
non-maintained special schools
independent schools

If adopted, this would represent a significant expansion of the statutory framework governing medical support in education settings.

What this means for different settings

Maintained schools, academies and PRUs

These settings are most directly affected, because the guidance will remain statutory for them.

If the proposals are adopted, schools may need to:

update and publish a medical conditions policy
develop and publish a separate allergy safety policy
strengthen Individual Healthcare Plan processes
implement more robust incident reporting and learning systems
ensure appropriate governance oversight by senior leaders and governors

Although many schools already have these arrangements in place, the updated guidance may require more formal structures and clearer documentation.

Independent schools, FE colleges and non-maintained special schools

For these settings, the guidance is expected to remain non-statutory, but the consultation asks whether, in the longer term, they should be brought within the statutory duty.

Even if the duty is not extended, the guidance makes clear that these settings are still expected to have effective policies and procedures to support pupils with medical conditions and manage allergy risks, to assist them in complying with their other existing statutory duties.

These settings should therefore monitor developments closely, particularly as these issues may be considered during inspection and safeguarding reviews.

What education settings should consider doing now

Although the proposals are still subject to consultation, there are several steps that settings may wish to take now.

Review existing policies

Settings should review their medical conditions policies and consider whether they adequately cover:

roles and responsibilities
medication management
emergency procedures
communication with parents and healthcare professionals

Review allergy management arrangements

Given the proposed new allergy policy requirement, settings may wish to review:

allergen risk management
food and catering procedures
staff awareness and training
availability and management of adrenaline auto-injectors.

Review Individual Healthcare Plan processes

Settings should ensure:

IHPs are in place where appropriate
plans are regularly reviewed
relevant staff understand their responsibilities

Strengthen incident reporting

Schools may want to review how they record:

medical incidents
near misses
lessons learned from incidents

Consider responding to the consultation

Education providers are encouraged to review the consultation document and draft statutory guidance and may wish to submit a response to the consultation, particularly if the proposals would have operational, training or resource implications.

Looking ahead

The consultation reflects a wider policy focus on health, wellbeing and safeguarding in education settings, particularly for children with complex health needs.

While the proposals do not yet change the law, they indicate a clear direction of travel toward stronger governance, clearer policies and improved allergy safety.

Schools that review their arrangements now will be well placed to adapt if the new guidance is implemented in September 2026.

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