Cwestiwn ysgrifenedig WQ85553

Section 175 of the Education Act 2002 places a duty on local authorities and governing bodies to make arrangements to ensure their functions are exercised with a view to safeguarding and promoting the welfare of children in school or another place of learning. This includes supporting children with healthcare needs.

In meeting the duties under section 175 of the Education Act 2002, local authorities and governing bodies must have regard to guidance issued by the Welsh Ministers under this section.

The Welsh Government published Supporting Learners with Healthcare Needs statutory guidance in 2017, to support local authorities and governing bodies with their legal duties. The guidance was developed in consultation with a diverse range of stakeholders, including allergy organisations.

This statutory guidance requires local authorities and education settings in Wales to have a healthcare needs policy in place which should seek to ensure that pupils with any medical condition, including allergies, are properly supported.

The guidance also states that school staff should be trained to recognise the signs, symptoms and triggers of common life-threatening medical conditions and know what to do in an emergency. This includes training on how to administer an adrenaline auto-injector (AAI), sometimes referred to by the brand name Epi-Pen.

Following a change in UK legislation, since 1 October 2017, education settings can purchase AAIs without the need of a prescription, for use in emergencies. In 2018 we published Guidance on the Use of Emergency Adrenaline Auto-Injectors in Schools in Wales, drafted in collaboration with a range of stakeholders, including health specialists and allergy organisations. This guidance provides advice on recognising and responding to an anaphylactic shock, use of an AAI, reducing risk of allergen exposure, the supply, storage, care and disposal of emergency AAIs and links to information. Further training and support around allergies and the use of AAIs is available to schools from school nursing services and allergy teams based in health boards.

I consider the existing legislation and statutory guidance on this to be sufficient, and do not feel it is necessary at this time to legislate further on schools’ response to pupils with allergies. We will continue to work with and take into account the views of parents/carers and learners, allergy organisations and others on supporting learners with allergies in schools.