Alltwen primary school (the School) in the UK has banned all chocolate from their campus following the diagnosis of a pupil with a severe chocolate intolerance. Banning certain foods from schools is not an unprecedented step, especially in Britain where schools have previously banned chocolate, chips and fruit juice due to health concerns. Despite this, the Guardian reports that some parents have expressed frustration with the move as it was difficult to enforce.
The School made the decision to ban chocolate given the seriousness of the student’s intolerance, which could be triggered by a person eating chocolate in the same room. As a result, chocolate has been banned from the entire campus, including the staff room. One parent was quoted saying that the chocolate ban could lead to a waste of time as staff are forced to check lunchboxes, and stating that a total ban seemed to be an excessive response. However, given the threat of harm towards the student, it could be argued that the School is meeting its duty of care to provide a safe learning environment for all pupils.
Allergies are taken very seriously by schools, given the extremely serious consequences of anaphylaxis. Anaphylaxis is a generalised allergic reaction, which often involves more than one body system (e.g. skin, respiratory, gastro-intestinal and cardiovascular). A severe allergic reaction or anaphylaxis usually occurs within 20 minutes to 2 hours of exposure to the trigger and can rapidly become life threatening.
Common triggers of anaphylaxis include food, bites and stings. Nut allergies have grown much more common among children, and as such many schools have made themselves nut-free campuses. Some schools (also in the UK) have gone so far as to ban students from eating nuts for breakfast even when off campus, as discussed in our previous article. However, there are a range of allergens that can cause serious reactions, which can include common foods and ingredients such as dairy, eggs and gluten.
Although the parents of children with allergies are often careful when preparing meals, some allergies are so sensitive that the smell of the allergen can trigger a reaction. There is also the possibility that children will eat food that wasn’t sent by their parents. In primary schools in particular, some children with allergies may not be as cautious as necessary when sharing food with their peers.
Schools have a responsibility to provide a safe environment for students based on both their common law duty of care and specific laws and regulations. In Australia, schools owe a duty of care towards their students to take reasonable steps to prevent foreseeable harm. This means that schools should, at a minimum, have policies and procedures in place to cope with anaphylaxis if they have students with an allergy. Given the degree of risk associated with nut allergies, many schools around Australia have put in place nut bans as they have judged this to be a reasonable response. This response would likely be considered unreasonable for other allergens such as dairy or gluten, which are so common that it would be extremely difficult to ban them.
However, contrary to the fears of parents within the UK school community mentioned above, the obligation to take reasonable steps will rarely mean that teachers will be checking all lunchboxes and bags before students are allowed on school grounds. This would require a huge effort on the part of school staff and it is highly unlikely that it would be seen as a reasonable expectation to make of schools.
Some jurisdictions have specific anaphylaxis policies in place for schools, including New South Wales and Victoria. Schools should investigate whether their State or Territory has specific rules in place which apply to them.
As with all risks that can impact on schools, it is important to evaluate the severity of the risk and the likelihood of it occurring. Schools must be extremely vigilant about risk mitigation strategies such as the presence of Epipens and the proper training of staff in responding to an allergic reaction, as a failure to take precautions in this area could lead to serious consequences. Other strategies, such as banning certain foods from campus, can likely be implemented through information given to parents or confiscating food containing the banned allergen. Working cooperatively with parents and, in older years, with students to ensure that members of the school community understand the importance of avoiding allergens and ensure that the food they bring will not cause harm to an at-risk student.