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Call for 'Benedict's Law' to protect children with allergies

Harriet Heywood
BBC News, Peterborough
Nikki Fox
BBC health correspondent, East
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Benedict Blythe died after having an anaphylactic reaction at Barnack Primary School in Stamford, Lincolnshire

The family of a five-year-old boy who died from a severe allergic reaction at school are calling for a new law to help keep children safe.

Benedict Blythe died after accidental exposure to an allergen - cow's milk protein - at Barnack Primary School, between Stamford and Peterborough, in December 2021.

An inquest jury found the school did not follow all the measures in place to prevent the fatal anaphylactic reaction - and there were risks of contamination with other milk and delays in administering an adrenalin pen.

His mother, Helen Blythe, said introducing Benedict's Law was an "opportunity for government to learn and introduce measures to stop this happening in future."

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Benedict's mum, Helen Blythe, has called for a law in memory of her son.

A spokesperson for the Department for Education said it would "consider the jury's conclusions carefully".

Benedict loved school, his mum told the BBC.

"The first week he went to school when he started, he cried when he came home on the Friday because he realised he didn't get to go to school on the weekends," she said.

"It was like he had been waiting his entire life for the opportunity to go to school and learn - and he was really fortunate that he a group of good friends really quickly."

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Speaking at the conclusion of the inquest, Mrs Blythe said: "Benedict died in a place where he should have been safe – his school"

Benedict had asthma and a number of allergies, including eggs, nuts, kiwi fruit and milk, she said.

Mrs Blythe was assured the school had policies and training to manage his allergies, and said it was "one of the reasons we felt secure and safe in him going to the school".

"We have since found out through the course of the inquest that wasn't the case," she said.

Family handout A young boy with dark blond hair is sitting on a step outside a blue door. He is wearing a burgundy school uniform with long grey socks and black shoes. The school uniform's jumper has a yellow circular logo, and he has a matching school bag next to him. He is looking up to the side and smiling.Family handout
The inquest previously heard milk was Benedict's only allergy that could have caused a potentially fatal reaction

His parents said they had worked with the school to put together an allergy action plan and informed them that vomiting was "always" the first symptom of a reaction.

The plan also included a specific process for storing, preparing and supplying oat milk to their son.

It involved storing the milk, labelled with the child's name, in the staff fridge and pouring it into Benedict's cup in the classroom before handing it directly to him.

The inquest heard that on the day of his death, that process was not followed because his milk had been poured in the staff room and then taken to him in the classroom.

On 1 December, while at school Benedict vomited twice before he collapsed.

At 12:57 GMT he was pronounced dead at Peterborough City Hospital due to food-induced anaphylaxis.

"I think any parent would dread the call from the school to say their child was unwell," Mrs Blythe said.

"Learning that's a call that they are seriously unwell is something I think will strike fear into anyone's heart - it certainly did mine and it's a call I think every parent hopes they will never receive, and unfortunately we did."

She said she believed his death was preventable.

A jury found "probable causes" of Benedict's death included the delayed administration of his adrenaline, opportunities for cross-contamination or mix up of milk, and that his allergy plan was not shared with teaching staff.

They also said there were missed opportunities to review "lessons learned" from a previous incident, when Benedict was served pizza for lunch at school in October 2021, which resulted in him being sick.

Family handout A young boy with dark blond hair with a fringe across his forehead is leaning forward on to a table from a wicker chair and smiling at the camera. He is wearing a white and black polo shirt. On the table is a glass of orange juice and some colourful building blocks that an adult is setting up.Family handout
Helen Blythe advised that if people think a child is having an allergic reaction to give them their allergy pen as early as possible, as "delays can cause harm"

The family wants the government to introduce Benedict's Law, to keep children with allergies safe at school.

It would make it compulsory for all schools to have spare allergy pens, allergy-trained staff, and a school allergy policy.

"Changing the law to protect other children should be absolutely top of their priority list," Mrs Blythe said.

"Children's wellbeing is at stake and their lives, ultimately. I think it would be foolish of them not to listen."

Benedict's former school issued a short statement afterwards.

It said: "The only comment that Barnack Primary School wishes to make at this point in time, is to offer its sincere and heartfelt condolences to Benedict's family at the tragic loss of Benedict."

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