Ask the expert
Christine Betts
Wednesday, July 20, 2005
Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q Many parents at my nursery tell me that their child is 'allergic' or 'sensitive' or 'intolerant' to various foods. Obviously, I don't want to upset children, but are they just being fussy? What would happen if a member of staff accidentally gave a child the 'wrong' food?
Q Many parents at my nursery tell me that their child is 'allergic' or 'sensitive' or 'intolerant' to various foods. Obviously, I don't want to upset children, but are they just being fussy? What would happen if a member of staff accidentally gave a child the 'wrong' food?
A Dietary issues should always be taken seriously. Some children with food allergies or intolerance can become very ill if given the wrong food.
Anaphylactic shock caused by peanut allergy can be fatal. A provider who allowed this to happen could be liable for damages for negligence.
The National Minimum Standards for Daycare require providers to request information from parents about any special dietary requirements, to record this and take heed of the information provided. Breach of this standard may also be a breach of the contract between provider and parent. Failure to take reasonable steps to accommodate a serious allergy may be discrimination under the Disability Discrimination Act 1995 and contravening cultural dietary requirements might constitute racial discrimination.
On the other hand, in a busy nursery it is important to distinguish between real risk and 'faddiness'. Always ask parents to record allergies of any description in writing when the child is registered and ask for a letter from the family doctor.
Display full details of all food provided, again with a clear rule that without a doctor's letter, no guarantee can be given that certain foods will not be given. If staff bring in their own food or extra treats for the children, ensure that they always check with you first and that children are never allowed to access food unsupervised.
Training for staff, accurate record-keeping and constant vigilance are essential. Definitely no such thing as a free lunch!
* The advice given in this column is for guidance only. Nursery World readers should not place reliance upon it or take action without obtaining further advice relating to their specific and individual circumstances.
Contacts
Christine Betts
* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
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