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KCSiE 2026: New clarity on medical conditions and safeguarding referrals

13 July 2026
Nicola Tarmey and Dai Durbridge

When does a medical condition or allergic reaction become a safeguarding issue? KCSiE 2026 provides welcome guidance.

School leaders often ask themselves: if something goes wrong involving a child's allergy or medical condition, does that trigger a safeguarding referral?

What does KCSiE 2026 say for the first time?

KCSiE 2026 addresses this directly for the first time. A new paragraph 250 confirms that an incident relating to the management of a child or young person's medical condition, including allergies, would not, in and of itself, warrant a referral. That is a significant and welcome clarification.

When would a safeguarding referral be needed?

The guidance doesn't stop there. It clarifies that a safeguarding referral would only be needed where an incident highlighted a concern that the child might be at an increased risk of being neglected, abused or exploited by persons inside or outside of their family unit because of their medical condition or allergy.

What does this look like in practice?

The examples are helpful: where relevant information about a child's medical condition is not provided to a school, college or setting, or where a child is repeatedly sent without essential medication, thereby putting the individual at risk.

This is a crucial distinction. An isolated administrative error is not a safeguarding matter. A pattern of behaviour that leaves a child vulnerable, potentially to serious harm, may well be.

This new section dovetails with the government's statutory guidance on allergy safety in schools.

What this means for school leaders

For school leaders, the message is clear: robust individual healthcare plans, consistent medication management, and careful record-keeping are not just good practice. They are crucial in identifying when a child's health needs may have tipped into a safeguarding concern.

This deserves a slot in your staff allergy training and in the annual safeguarding training.

Support for your school

KCSiE 2026's new guidance on medical conditions and allergies provides a much-needed framework for school leaders navigating a complex area. Understanding where the line falls between an administrative error and a safeguarding concern is essential - and ensuring your staff are trained to recognise it is equally so. If you need support updating your child protection policy, delivering safeguarding training for governors and trustees, or accessing our Trust Directors of Safeguarding CPD course for 2026-27, our team is here to help.

Contact

Contact

Nicola Tarmey

Senior Associate

nicola.tarmey@brownejacobson.com

+44 (0)330 456 4431

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Can we help you? Contact Nicola

Dai Durbridge

Partner

dai.durbridge@brownejacobson.com

+44 (0)330 045 2105

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Can we help you? Contact Dai

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