What to do re SEN child?

I went down the route of legal aid to get the best outcome.

Even if OP meets the financial criteria for legal aid she wouldn’t be eligible at this stage. That would come into play if OP needed to appeal a decision.

It’s a difficult age. Do you have any alternative local authority nurseries locally that have better trained staff for SEN needs? Certainly the nursery at least should have a SENCO which will help you with the EHCP process.

The EHCP is a whole topic in itself sadly. But there are lots of website you can use to understand the process and personally I went down the route of legal aid to get the best outcome.

It really can be soul destroying, I feel for you! I remember this stage so well. My child is 13 now (and thriving in the right specialist setting) but when he was younger things were just horrific. At one point I was being called into school daily to deal with incidents and violence. It was a seemingly never ending cycle and I honestly think it left both of us with PTSD.

You're doing all the right things. Don't give up on the EHCP, don't take no for an answer, because getting him into the right setting will be transformative. Good luck 🍀

My son went to a specialist nursery and it was they who arranged the EHCP, he didn't need one to get there. I think this differs by area though, so I'm sure you can goggle it.

Speak to the nursery about the EHCNA request, but don’t delay submitting it if they say it isn’t needed yet or they will do it is a month/term. The LA should contact them once you have submitted the request.

I'd just do it yourself tbh. You can probably get it done by Monday! Whereas the nursery have already shown signs of delaying tactics so I wouldn't trust them to do it in any kind of hurry.

Is mainstream schooling going to be appropriate for him?
My son is 14 now and has complex disabilities and has always gone too a special school ,i was really upset at first when it was first suggested but in reality mainstream could never have met his needs I know its not that simple and it's very much a post code lottery for provision of special schools ,but if it's suggested. try and be open minded about it .

It is overwhelming and sorry to tell you it gets worse! You have to become something of an expert in SEN law to get your child what they need, but it's worth it, trust me.

Don't rely on schools or LAs to be honest with you or put your child's needs first. You are the best and most motivated advocate your child will have.

Definitely request an EHCNA now yourself @DeleteIfNotAloud posted. On their website IPSEA has a model letter you can use.

In the meantime, has the nursery applied for early years inclusion funding and, presuming DS is in receipt of DLA, disability access funding?

Also investigate if your LA has specialist early years assessment nursery places for those going through or needing to go through the EHCNA process.

If you have all those professionals involved already then you have more than enough evidence to apply for an EHCP and I urge you to do so ASAP. Nursery are not acting in your child's best interests by delaying the process unnecessarily.

I crossed messages with @DeleteIfNotAloud . She/he explained it well.

Re EHCP - there are statutory guidelines for assessing and granting an EHCP and it’s certainly not a year.

The ASD assessment being in October shouldn’t make any difference as an EHCP is based on need not diagnosis.

I’m sorry to say that your nursery doesn’t sound terribly well informed.

Ok, that's not how it works.

You apply for an EHCP, and as part of the needs assessment the EP comes out and writes a report.

The legal test for getting an EHC needs assessment is very simple - you must show that the child may have SEN and the child may need provision to meet said SEN that is beyond what is ordinarily available.

The nursery are fobbing you off, sorry to say. They need to write up their own reports and apply for the EHCP immediately. No need to wait for an EP report before applying.

It sounds like he needs more 1:1 support during the day to enable him to play either alone or alongside others, without becoming dysregulated.

Local authorities differ, but your nursery should be able to apply for additional funding, particularly as they are in the process of applying for an EHCP.

Another thing to consider, if your work pattern can support it, is rather than cutting down from 5 whole days to 3 whole days, could he do 5 half days instead? So he’s attending every day, but for a shorter time. Tiredness, hunger, thirst and general overwhelm may be making things worse.

Do you have support? Early Years help? Do you have a specialist nursery nearby? My son attended a split of preschool and a specialist nursery. The staff there were great at identifying his needs and pushed the EHCP forward.

EHCP timeline explained!

An EHCP does not take a year to complete. There's a strict 20 week timeline from application to completion. Where exactly are you in the process?