Bill to ensure every school in England has spare allergy pens reaches House of Lords after campaign following death of 5-year-old at Peterborough school

A House of Lords amendment to the Children’s Wellbeing and Schools Bill could see every school in England required to keep spare allergy pens and ensure all staff are trained to respond to anaphylaxis.

The bill is known as ‘Bendict's Law’ and has reached the House of Lords following tireless campaigning from Helen and Peter Blythe following the tragic passing of their son at Barnack Primary School five years ago.

Benedict Blythe was just five when he passed away on December 1, 2021 after suffering a fatal anaphylaxis. He was rushed from the school to hospital but passed away later that afternoon.

An inquest in July 2025 found that Benedict’d death was caused by anaphylaxis from cows milk protein given to him at school, despite it being a known allergen.

Peter and Helen Blythe with Benedict and his younger sister Etta.placeholder image
Peter and Helen Blythe with Benedict and his younger sister Etta.

The inquest also pointed to lack of training, lack of sharing of information, delay in recognition of symptoms, and medication being administered too late to save his life as causes of Benedict’s death.

Barnack School did not have spare allergy pens, provide allergy training to the staff providing his care, or have an allergy policy in place when he started school in 2021.

The amendment, tabled in the Lords, is designed to introduce clear, mandatory allergy-safety measures across all schools, following increasing concern over the rise in childhood allergies and inconsistent approaches to managing clinical risk.

Since 2022, the Benedict Blythe Foundation has been campaigning for strong, specific protections for children with allergies, focused on three essential requirements:

- Every school must hold spare adrenaline auto-injectors

- Every member of staff must receive allergy and anaphylaxis training

- Every school must have a standalone allergy policy (current arrangements leave these measures as optional, leading to significant variation between schools)

Peers are expected to vote on the amendment as part of the Bill’s Report Stage, set to take place on February 3.

The amendment was proposed by Stamford and Rutland MP Alicia Kearns and formally tabled in the House of Lords by former Education Secretary Baroness Nicky Morgan in autumn 2024.

Benedict’s mother Helen said: “As Benedict’s mother, it has been incredibly difficult to see how slowly meaningful change has moved since his death. Promises made by ministers for urgent proposals for changes in school allergy safety by the autumn weren’t honoured.

“This amendment offers a vital opportunity to close gaps that put children with allergies at risk in school, and put measures in place that could save children’s lives. We remain determined to honour his memory by working with government to make schools safer for every child with allergies through Benedict’s Law so that no child should die from allergy at school again.”

Alicia Kearns MP said “No child should have to go to school worried they won’t come home. Sadly, this is currently the reality for too many, with schools the second most common setting for severe allergic reactions outside of the home.

“This amendment would finally close existing loopholes in allergy safety provisions, putting in place the measures required to keep all children safe. The government recognises legislation is needed, this is their chance to deliver it and make children safer.

“It is testament to the incredible campaigning of Helen and Peter Blythe that we are those close, and together Baroness Morgan and I will do all we can to deliver these landmark protections next week.”

Prof Adam Fox OBE, Chair National Allergy Strategy Group added: “For years, the allergy community has highlighted the same three gaps in schools: training, access to emergency medication, and clear allergy policies. This amendment - central to what’s known as Benedict’s Law - finally addresses all three, with safer education settings a crucial part of the forthcoming National Allergy Strategy.”

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