IHPs come from the DfE's statutory guidance, Supporting pupils at school with medical conditions (2015), which is still in force. It supports the duty in section 100 of the Children and Families Act 2014 on maintained schools, academies and pupil referral units.
The guidance says:
- the school's policy should cover IHPs and who develops them (paragraph 12)
- plans should be reviewed at least once a year, or sooner if the child's needs change (paragraph 13)
- they are drawn up by the school, parents and a relevant healthcare professional, with the pupil involved where appropriate, and the school is responsible for making sure the plan is finalised and put in place
- the school, healthcare professional and parent agree when a plan isn't needed; if they can't agree, the headteacher decides
- where the child has an EHCP, the IHP should be linked to it or become part of it
- staff must not give prescription medicines or carry out healthcare procedures without appropriate training (paragraph 19).
In 2026: since 1 September 2026, these schools must also have an allergy safety policy, reviewed every year and published on their website, under Benedict's Law. The DfE's Allergy safety in schools guidance includes a template IHP. Regulations to make spare adrenaline pens, staff allergy training and a named lead compulsory have not been made yet. The DfE says it will update the 2015 guidance "in due course".