Children’s Wellbeing and Schools Bill

Debate between Baroness Morgan of Cotes and Baroness Smith of Malvern

Tuesday 3rd February 2026 Lords Chamber

[The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, in concluding this group, I start by paying tribute to those who have campaigned so hard on school allergy safety, especially Helen and Peter Blythe, Tanya and Nadim Ednan-Laperouse, my noble friend Lady Kennedy of Cradley and other noble Lords, including the noble Baroness, Lady Morgan of Cotes, in introducing Amendment 209 this evening. The tragic deaths of Benedict Blythe and Natasha Ednan-Laperouse are a stark reminder of the dangers of anaphylaxis. We have heard other examples of that this evening, including the personal experiences of noble Lords.

Amendment 209 seeks to introduce mandatory allergy safety provisions for all schools, including policy adoption, individual healthcare plans, adrenaline auto-injectors and staff training. As stated in Committee, schools have existing duties, under Section 100 of the Children and Families Act 2014, to make arrangements to support pupils with medical conditions including allergy.

However, I am pleased to set out the Government’s plans to transform allergy safety in schools and take forward the campaign for Benedict’s law. Before September 2026, we will issue new statutory guidance and we will consult on it imminently. For the first time it will put specific focus on allergy safety alongside other medical conditions. Through statutory guidance, we will require schools to have a dedicated allergy safety policy. This will set out how the school will manage the risks of allergy and anaphylaxis. It will emphasise the importance of whole-school awareness and understanding, grounded in training for all staff. As this training will be set out in statutory guidance, schools will be expected to comply with it.

Schools need to be conscious and active in managing the risks of allergy, and they need to take steps to minimise the risk of pupils coming into contact with their known allergens. We will be clear that pupils with allergy must be fully included in the life of the school, with arrangements to support them on external trips and visits. Our guidance will set out that a school’s allergy safety arrangements need to be managed actively, with a named governor and senior leader. The reports of incidents, near misses and safety drills will provide evidence to review and improve policies.

But no precautions can be perfect. In many cases, as noble Lords have said, children with no history of allergy will have their first reaction while at school, so it is essential that schools have robust emergency response procedures. While many of those with severe allergies carry their own prescribed adrenaline auto-injectors, schools are able to purchase their own as spares. Many do so, but our statutory guidance will be clear that we expect schools to do so.

This is an important responsibility for schools. Two adrenaline auto-injectors can be purchased at a high street pharmacist for around £150, and many schools already stock them as part of their existing allergy safety arrangements. They must take ownership of these life-saving devices. We are working with the Department of Health and Social Care to ensure that schools are able to purchase spares as easily and cheaply as possible.

Strong school-wide policies are essential, but it is equally important to capture key information for each child or young person. Our guidance will be clear that every child whose medical condition requires active management by their school should have an individual healthcare plan which specifies the arrangements that will be put in place. This includes those with allergy.

As others have mentioned, yesterday my colleague, the Minister for Early Education, met sector experts, including members of the National Allergy Strategy Group, the Natasha Allergy Research Foundation and the Benedict Blythe Foundation. We have invited them to help us co-produce our new statutory guidance. We are working quickly so that we can consult and issue new guidance as soon as possible. For that reason, let me be clear that we do not disagree with the principle, the objectives or the detail of the noble Baroness’s amendments, but we are already introducing robust measures to address those concerns.

Amendments 210 and 212, tabled by the noble Lord, Lord Freyberg, would require schools to include detailed allergy provisions in contracts with external caterers—policy compliance, allergen information sharing, measures to prevent cross-contamination, and actions if an allergic reaction occurs. I recognise the noble Lord’s determination to secure robust safeguards. However, prescribing contractual content through primary legislation is far too inflexible. Requiring catering providers to comply with each school’s individual allergy policy would be enormously bureaucratic and difficult, probably driving up costs to schools. It is also unnecessary. I understand the concern that caterers should be clear about the requirements to protect children with allergies, but they must already provide allergen information and must manage allergens safely as set out in food regulations and in Food Standards Agency guidance.

Amendments 213 and 214, also tabled by the noble Lord, Lord Freyberg, would make the NHS responsible for providing adrenaline auto-injectors to schools. The NHS already provides devices to individuals on prescription, and regulations permit schools to purchase spare adrenaline auto-injectors, as I have already outlined. As I have also said, that is an important responsibility for schools, and they must take ownership of these life-saving devices. We will continue to work with the Department of Health and Social Care to ensure that they can be secured as easily as possible.

Turning to my noble friend Lady Kennedy, I believe I have covered the majority of the questions she asked, but I understand that I have not covered all of them. I undertake to write with anything that has not been covered in my response so far.

I hope noble Lords will recognise the considerable and important progress that has been made, thanks to the engagement of the department and my honourable friend the Minister for Early Education with campaigners who have, as we have heard, made an enormous difference to children. Everybody in this Chamber should be pleased to have ensured that, and I commit the Government to—

[Baroness Morgan of Cotes (Non-Afl)]

I get the impression that the Minister may be about to finish so, before she does, may I just ask her two very specific questions? First, I do not think she has addressed the funding point. If I have missed it, I apologise, but please could she clarify whether the Government intend to back up the statutory guidance they propose by September this year with central funding of those spare pens, training and everything else? Secondly, as I understand it, the Minister said that the draft guidance states that schools “can” purchase AAIs. That is not the same as saying that schools must have spare AAIs. Is the Minister open to changing that wording, or could she just clarify the position? Schools must hold spare AAIs. It is of critical importance, for the reasons we have heard.

[Baroness Smith of Malvern (Lab)]

On the second point, I said that schools are able to purchase their own spares. Many do so, but I said that our statutory guidance will be clear that we expect schools to do so. The statutory guidance will say that schools should have those spares.

On the point about funding, no, I am not saying that there will be centrally provided funding. I was identifying, by talking about both the cost to schools of buying the adrenaline auto-injectors from high street pharmacies, for example, and the ongoing work with the Department of Health and Social Care, how we will ensure that, by schools using their funding, as half have already done, those auto-injectors are available as cheaply and easily as possible.

I just reiterate, though, that I did say that training would be part of the statutory guidance, as well as an expectation that that training happens across the school.

On that basis, I hope noble Lords will feel reassured and that the noble Baroness will feel able to withdraw her amendment.

--- Later in debate ---

[Baroness Morgan of Cotes (Non-Afl)]

I am sorry for that cliffhanger. I am still learning about procedure after six and a bit years.

[Baroness Smith of Malvern (Lab)]

May I just prolong the cliffhanger slightly? I reiterate that I was clear that this is statutory guidance which all schools should follow unless there are very exceptional reasons why they do not. The point that the noble Baroness makes about the postcode lottery is not right because all schools will be covered by this statutory guidance covering all the issues that I identified.

[Baroness Morgan of Cotes (Non-Afl)]

I take the Minister’s point. I understand what she is saying and I know that schools will want to follow statutory guidance. But we have heard the example of the defibrillator rollout: the department was able to find the money. We are talking about money that I think the Government would be able to find. Without government funding behind a key policy, schools will have to think about whether or not they do it.

The other point is that we have heard powerful speeches from the Minister’s own Back Benches this evening, all of which have been in favour of this amendment. I think that the way this House works best is to test opinion. Therefore, I would like to test the opinion of the House on this amendment.