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Benedict’s Law: What Does It Mean for Nurseries?

14th October 2026

You may have seen Benedict’s Law in the news this September. It marks an important and very welcome step forward for allergy safety in schools.

But what does it mean for nurseries and other early years settings? The position is slightly different, so we wanted to explain what has changed and what nurseries need to know.

What is Benedict’s Law?

Benedict’s Law is the name commonly given to new allergy-safety requirements introduced following the death of Benedict Blythe.

Benedict was five years old when he died from anaphylaxis at school in 2021 after being given milk, despite his known allergy. Following determined campaigning by Benedict’s family and the wider allergy community, the Department for Education published new statutory guidance, Allergy Safety in Schools, in July 2026. The guidance came into force in September 2026.

Schools covered by the guidance must have, publish and regularly review an allergy-safety policy. It also sets expectations around staff training, Individual Healthcare Plans, access to prescribed medication, sharing information and learning from allergic reactions and near misses.

Does Benedict’s Law apply to nurseries?

This is where the position can be a little confusing.

The statutory guidance currently applies to local-authority-maintained schools, academies and pupil referral units in England. Maintained nursery schools and other early years settings are not currently included within its statutory scope.

This means Benedict’s Law does not place the same new legal requirements on nurseries as it does on the schools it covers. However, the Department for Education says the guidance will be useful to early years settings and should be treated as good practice.

So, while it is not a new compliance deadline for nurseries, it is a valuable opportunity to review existing procedures and make sure everyone understands their role.

What should nurseries already be doing?

Although Benedict’s Law does not currently apply to nurseries in the same way, early years providers already have important responsibilities under the statutory Early Years Foundation Stage framework.

Before a child joins a setting, the provider must obtain information about any special dietary requirements, food allergies, intolerances and health requirements. This information must be kept up to date and shared with everyone involved in preparing, handling and serving the child’s food.

At every meal and snack time, it should also be clear who is responsible for checking that the food being served meets each child’s individual requirements.

Good allergen management should include:

  • keeping children’s dietary information accurate and up to date;

  • providing allergy-awareness and emergency-response training for staff;

  • using Individual Healthcare Plans and Allergy Action Plans where appropriate;

  • maintaining clear communication between parents, nursery staff and food providers; and

  • following careful checking procedures before food is served.

This is especially important in early years. Babies and young children may not be able to explain what they have eaten or describe how they are feeling. Some allergies also become apparent for the first time while new foods are being introduced.

Clear information, carefully controlled processes and good communication can make all the difference.

How does Zebedees manage dietary and allergen requirements?

As a specialist nursery caterer, we understand how much trust nurseries and families place in us when providing food for children with allergies and other dietary requirements. It is a responsibility we take extremely seriously.

Nurseries provide children’s dietary requirements through our online ordering system. This information then feeds into our production and labelling processes, helping us manage each order carefully from the kitchen through to delivery.

Our kitchen teams work from documented recipes, ingredient information and clear production instructions. Special dietary meals are prepared at a different time from our standard meals, in a dedicated area of the kitchen using separate equipment and utensils. The process is managed by our senior chefs and is closely controlled.

We take a number of steps to minimise the risk of allergen cross-contact, including:

  • checking ingredients and supplier information carefully;

  • controlling how ingredients and meals are stored and prepared;

  • following thorough cleaning procedures;

  • separating food, equipment and utensils where appropriate; and

  • providing food-safety and allergen training for our team.

Our food-safety procedures are also independently audited.

Special dietary meals are clearly labelled so that both our production team and nursery staff can distinguish them from standard meals. We also provide allergen information for our dishes in our Nursery Menu Information Packs.

Each morning, nurseries receive an email confirming the dietary meals included with that day’s delivery. When the food arrives, the nursery team completes its own final checks before serving, making sure the correct meal reaches the correct child.

These final checks provide an important additional safeguard at mealtimes and show why close communication between nurseries and their caterer is so important.

Benedict’s Law is a positive development for schools, and we welcome the increased attention being given to allergy safety. For nurseries, it is a timely reminder to review allergy policies, staff training, mealtime checks and communication with parents and food providers.

For further information, please see:

Department for Education: Allergy Safety in Schools

Natasha Allergy Research Foundation: Benedict’s Law

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