A student in our school has a food allergy. What must a school do regarding managing allergies in schools?
State indemnity, as operated by the SCA, indemnifies the school, its servants and/or agents in respect of any claims for personal injury and/or loss or damage arising from the negligence of the school, its servants and/or agents, in respect of the care of a student (by designated school staff) in accordance with an agreed healthcare plan.
In addition, under the Civil Law (Miscellaneous Provisions) Act 2011, a teacher acting as a “good Samaritan” in an emergency medical situation shall not be personally liable for any act done in an emergency when providing assistance, advice or care to a person who is (i) in serious and imminent danger, or apparently in serious and imminent danger, of being injured or further injured, (ii) injured or apparently injured, or (iii) suffering, or apparently suffering, from an illness. This applies in any emergency medical situation regardless of whether the person has training in the administration of a particular type of medication or first aid related training. Protection under this act does not apply to gross negligence on the part of a staff member.
The school should put in place a formal healthcare plan to meet the needs of the student relating to the allergy. To develop the student’s healthcare plan we recommend that the school meet with the parent/guardian in consultation with the child’s doctor/health care professional (any other persons you deem necessary to attend this planning meeting should also be invited to attend). The agreed healthcare plan should identify all designated persons who will have a role in the implementation of this plan including the information, instruction and training they require to fulfil their roles. The actions and level of communication within the school should be proportionate to the particular needs/sensitivity of the pupil i.e. awareness of cross contamination in food preparation, ingredients used in home economics etc.
The school should refer to ‘Managing Chronic Illness at Schools’ which will assist greatly with developing the required healthcare plan for this student. This guideline contains a section specifically dealing with management of anaphylaxis in schools.
Any food business operators in the school should adhere to criteria to display allergens as per environmental health legislation, further advice may be sought from the relevant Environmental Health Office as required. There is also useful information here for parents and schools: