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.
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