Part time reception still

If she is not settling well and unable to use the toilet etc, could you ask about keeping her back a year? Perhaps she would do better with a younger cohort?

Have you talked to the school about moving to a full timetable and why they don't want to?
I am sure they will be thinking of the child's best interest and maybe do not feel that they can cope with a full school day. If they can't eat lunch then it's tricky for them to have them all day, as surely they would be hungry and that could result in other problems.

I think until compulsory school age you won't get far

This isn’t the case. OP can challenge this now. She does not have to accept it.

2.17 of the School Admissions Code (which you can see here) makes it clear it is the parents’ choice:

“Admission authorities must provide for the admission of all children in the September following their fourth birthday. The authority must make it clear in their arrangements that where they have offered a child a place at a school:
a) that child is entitled to a full-time place in the September following their fourth birthday;
b) the child’s parents can defer the date their child is admitted to the school until later in the school year but not beyond the point at which they reach compulsory school age and not beyond the beginning of the final term of the school year for which it was made; and
c) where the parents wish, children may attend part-time until later in the school year but not beyond the point at which they reach compulsory school age.”

You may also find the statutory school suspension and exclusion guidance helpful here. Most of it applies to those below compulsory school aged. Where it doesn’t it explicitly says so as stated on page 6.

Some bits you particularly might find helpful are:
“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”

Also of interest may be:

“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”

And

“30. A part-time timetable should not be used to manage a pupil’s behaviour”

@Burntt if DS is not receiving a suitable, full-time education, have you pursued a pre-action letter for failure to provide provision under s19 of the Education Act 1996? Then JR proceedings if that hasn’t worked? This is separate to the EHCP process.

I think until compulsory school age you won't get far but next term you can start the fight. And it is a fight getting a SEN child an education.

Info on part time timetable here:

www.ipsea.org.uk/faqs/part-time-timetable

School should be applying for EHCP now. Parents can do this don't assume school have it in hand.

Definitely read up on illegal off-rolling. You should know about this before rocking the boat. I didn't and when I sought support for my reception aged SEN kid they just took him off school roll rather than deal with it. He's year 3 now and still has no school place. He has an EHCP but no schools can meet need so he's left with nothing and I have to constantly complain and go to tribunal to get a pathetic amount of provision. My advice is read up on everything now so you are prepared for the process and can't be misled with misinformation.

My dd (no EHCP) is changed by the teacher or a TA. The school have a care policy for any children still in nappies it’s not an issue at all .

My dd is reception and still has a nap every afternoon and SEN so we are just doing mornings

Who are you expecting to change these children?

She obviously finds being at school stressful so I think part time seems appropriate

Request an EHCNA now. On their website, IPSEA has a model letter you can use.

If you want DD to attend full time, she can, unless the school formally suspends her. Until next term when DD is compulsory school age, you can choose to send DD part time or not at all, but the decision is yours.

The not using toilet shouldn’t be an issue, there are lots of children still in pull ups in reception (some without SEN)

Of course it is an issue. Who do you think will change her ?

@Teddybear12345678 Have you had meetings with the SENCo ?
Does she have individual plans in place? Has the SENCo explained a plan to work towards her attending full time ?

Have they applied for a ehcp? I understand it must be frustrating but if she's refusing to eat then they can't really have her there all day without eating that's not in her best interests.

The not using toilet shouldn’t be an issue, there are lots of children still in pull ups in reception (some without SEN)
but the lunch could be an issue, could you move to packed lunches? Scope to go home for lunch and then go back (although I realise that’s a pain for you logistically)

Older yhan 5 you can insist on full time and view part time as illegal exclusion. Don't know about under 5 though.
I take it they are applying for an EHCP?