34Allergy safety policy for pupils at schools(1)

After section 100 of the Children and Families Act 2014 insert—

100AAllergy safety policy(1)

The arrangements made under section 100 by the appropriate authority for a school to which that section applies must include an allergy safety policy.

(2)

An “allergy safety policy” is a policy for the management of allergies affecting pupils at the school (including the management of pupils at risk of anaphylaxis).

(3)

The Secretary of State may by regulations make provision about matters that must be covered in an allergy safety policy.

(4)

The appropriate authority—

(a)

must, at least once every year, review the school’s allergy safety policy;

(b)

must make such changes to the policy as it considers appropriate following a review.

(5)

The appropriate authority must publicise the school’s allergy safety policy in the form of a written document by—

(a)

making the policy generally known within the school and to parents of pupils at the school,

(b)

taking steps, at least once a year, to bring the policy to the attention of all pupils at the school and parents and all persons who work at the school (whether or not for payment), and

(c)

publishing the policy on the school’s website.

(6)

In meeting the duties under this section, the appropriate authority must have particular regard to guidance issued for the purposes of section 100(2) that relates to the management of allergies (including anaphylaxis) in schools.

(7)

The Education Act 1996 and this section are to be read as if this section were included in that Act.

100BRegulations about allergy safety(1)

The Secretary of State may by regulations impose duties on specified persons in connection with the management of allergies affecting pupils at schools to which section 100 applies (including the management of pupils at risk of anaphylaxis).

(2)

Regulations under this section may in particular make provision about—

(a)

the keeping of, and access to, medicinal products and medical devices on school premises and at other places where pupils at a school are under the lawful control or charge of a member of the staff of the school;

(b)

procedures for identifying, and managing risks to, pupils with allergies;

(c)

provision of training on the recognition and management of allergies for teaching staff, non-teaching staff, persons providing catering services at the school and such other persons as may be specified;

(d)

recording and reporting of incidents.

(3)

Regulations under this section may require the appropriate authority for a school to which section 100 applies to designate a specified person to have responsibility for specified matters.

(4)

A person on whom a duty is imposed by regulations under this section must, in meeting the duty, have regard to guidance issued by the Secretary of State.

(5)

In this section—

“appropriate authority for a school” has the same meaning as in section 100;

“specified” means specified, or of a description specified, in regulations under this section.

(6)

The Education Act 1996 and this section are to be read as if this section were included in that Act.

(2)

In section 342 of the Education Act 1996 (approval of non-maintained special schools), after subsection (5) insert—(5ZA)

Regulations made by virtue of subsections (2) and (4)(a) must impose—

(a)

a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,

(b)

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c)

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.

(3)

In section 94 of the Education and Skills Act 2008 (independent educational institution standards), after subsection (3A) (inserted by section 37(2)(b) of this Act) insert—(3B)

Standards prescribed by virtue of subsection (1)(c) must include standards that have the effect of imposing—

(a)

a requirement to secure that an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) is in place at independent educational institutions,

(b)

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c)

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.